MOHD NAFEES Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Dikshita, J. Appellant Mohd. Nafees has preferred this appeal against the judgment and order dated 20-10-1983 passed by Sri H. P. Tripathi, XVI Addl. Sessions Judge, Kanpur in Sessions Trial No. 50 of 1983 (State v. Mohd. Nafees convicting and sentencing the appellant to 2 years' R. 1. under Section 333 I. P. C. , 1 year's R. I. under Section 332 I. P. C. and 6 months' R. I. under Section 504 I. P. C. . and a fine of Rs. 500 under Section 29 Police Act and in default thereof 2 months' R. I.

(2.) THE prosecution case in brief is that on 27-6-1982 at about 9/9. 30) a. m. , S. I. Chhotey Lal Chaturvedi was posted at the City Control Room, Kotwah. He was sitting in his office doing Government work. Head Constable No. 84 Sri Sobh Nath Singh was also sitting on the same table. Constable No. 1665 Mohd. Nafees was also posted in the City Control Room. He was drafted for V. I. P. duty to which he declined and wanted the S. I. In charge City Control Room. Sri Chhotey Lal Chaturvedi to send him for medical examination, and make the necessary ravanagi accordingly. Sub-Inspector Sri C. L. Chaturvedi informed Mohd. Nafees that he has been drafted for V. I. P. duty with Sri Ram Narain Pathak, Mthister for State of U. P. It was also pointed out by S. I. Sri C. L. Chaturvedi that it is Sunday and the Police Hospital must be closed and as such no medical examination can be effected. Flared-up on this refusal Mohd. Nafees hurled valgar abuses and gave slap and fists blows. S. I. Sri C. L. Chaturvedi tried to save himself. Personnel of the Police Force present in the Control Room, namely, S. 1. Laxmi Narain Singh, Head Constable Lalta Prasad, H. C. Sobh Nath Singh, Head Constable Hanuman Singh, S. L Gulab Singh, Constable Driver Shitla Prasad and others caught hold of Mohd. Nafees and took him out of the Control Room. THE Uniform which was worn by S. I. Sri C. L. Chaturvedi was torn and buttons of the uniform also fell somewhere. A written report of the incident was lodged by S. I. Sri Chhotey Lal Chaturvedi at the Police Station Kotwali on 27-6-1982 at 10. 30 a. m.

(3.) THE story of false implication as has been suggested by learned counsel for the appellant is wholly unconvincing. It is not expected that P. W. 1 S. 1. , C. L. Chaturvedi would go to the extent of 'falsely implicating the appellant in the case because in spite of his refusal to sanction 3 days' casual leave, he got it sanctioned from the Circle Officer. This is the entire defence of the appellant that because of such leave having been granted by Circle Officer, P. W. 1. S. I. , C. L. Chaturvedi had become annoyed and wanted to take revenge. THEre is no dispute that P. W. 1, S. L, C. L. Chaturvedi received injury in his thumb which caused fracture. P. W. 1, S. I. , C. L. Chaturvedi has withstood a quelling cross-examination but nothing could be extracted to discredit his testimony. I do not find any material, as stated above, to discard the testimony of P. W. 1, S. I. , C. L. Chaturvedi.