CHANDRA BHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal by Chandra Bhan and Gavendra against the judgment and order dated 4-4-1979 passed by Sri S. N. Prasad, 7th Additional Sessions Judge, Bulandshahr. Both the appellants have been convicted under section 332 and 333 IPC and each has been sentenced to 9 months' R. I. on the first count and to 1 1/2 years' R. I. and a fine of Rs. 200/- on the second count. In default of payment of fine three months' further rigorous imprisonment has been ordered.

(2.) THE prosecution story, in brief, was as follows : on 9-10-1974 Jagdish Prasad Sharma, PW 2, lineman in the Rural Electrification Sub-Division, Debai, Bulandshahr, was directed by Sri Ramesh Chandra Agarwal, Assistant Engineer to attend to some repair work at the supply line of Kanchan Singh and Sohanpal's tubewell in village Silhari. While Jagdish Prasad Sharma was proceeding towards village Silhari on a cycle and had reached near the Bumba (canal culvert) at about 10.00 a. m. he saw the two appellants standing there armed with lathis. Appellant Chandra Bhan accosted Jagdish Prasad Sharma and stated that : " Jagdish ruk ja aaj tujhse apne bhai ki maut ka badla lunga jo bijli kay karant se mara tha. " Uttering these words both the appellants started assaulting Jagdish Prasad Sharma, PW 2. THE victim raised an alarm upon which Ziley Singh, PW 1, Fateh Singh, PW 5, both of the electricity department and working nearby and Sohanpal, Tika Ram, Kanchan Singh and Mohd. Bilal rushed to the scene of occurrence and rescued him. Ziley Singh and Fateh Singh, PWs, took the injured to the hospital at Debai for medical aid. Dr. Suresh Chandra Singh, PW 3, examined Jagdish Prasad Sharma the same day at 1.35 p. m. He found 2 lacerated wounds, 4 contusions, one multiple contusion and two abrasions on the person of Jagdish Prasad Sharma. All the injuries except injury no. 4 was found to be simple caused by some blunt object. Regarding injury no. 4 X-ray was advised and it was ultimately found to be grievous in nature.

(3.) APART from the formal witnesses the prosecution examined Ziley Singh PW 1 Jagdish Prasad Sharma PW 2, Mohd. Biial PW 4, and Fateh Singh PW 5, to give an ocular version of the incident.