HIMMAT SINGH Vs. STALE OF U P

JUDGEMENT

(1.) R. K. Singh, J. Mr. Prem Prakash, learned Counsel for the revisionist is present. But in spite of repeated directions to argue the revision petition, Mr. Prem Prakash does not argue the revision peti tion. In these circumstances the revision petition is taken up for decision with the help of materials on record.

(2.) AFTER perusal of the impugned judgment it comes out that the incident is of 26-1-1978. The informant is Sri D. D. Tiwari, A. R. TO. (Enforcement) Main-pun who alleges that while he was doing the checking of vehicles at Shikohabad Mainpuri main road accompanied by con stables Lahri Singh, Saudan Singh, Balak Ram and Yadunath Singh of the Enforce ment Squad, the informant and members of the Checking Squad were in a Jeep driven by Krishna Kumar. Further allega tion is that during checking Bus No. U. S. K. 722 was checked a little ahead of village ramai towards Shikohabad. The driver of the vehicle was Himmat Singh (Revisionist ). Munna was acting as a con ductor on the said bus. The A. R. T. O. Mr. Tiwari asked for papers of that bus but they could not show any paper at all. There upon Sri Tiwari prepared a challan of that bus under the provisions of Motor Vehicles Act and he directed constable Lahri Singh, to sit in that bus and to take the same to P. S. Shikhabad constable Lahri Singh, accordingly, got into that bus. In stead of taking the said bus to P. S. Shikohabad, as was directed by the A. R. T. O. the driver Sri Himmat Singh drove away that bus towards village Bharaul and actually took the said bus inside the abadi of village Bharaul and stopped it there. AFTER stopping the said bus in village Bharaul, both driver and conductor named above got down from that bus and they called out at the spot numerous other villagers and they threatened to beat constable Lahri Singh. They also opened the bonnet of that bus with the intention of making the engine out of order. Constable Lahri Singh check ed them from doing so and he had put his left hand at the bonnet at that time. But these accused persons did not yield and they, just then, closed the bonnet of that bus, thereby crushing the left hand of con stable Lahri Singh and caused some in juries to him. The allegation further proceeds that the A. R. TO. Sri D. D. Tiwari also happened to reach the said place by the vehicle in which he and his party were moving and constable Lahri Singh nar rated the whole incident to Sri Tiwari and also showed his injuries to him. Thereafter Mr. Tiwari took the injured constable Lahri Singh. He got his injuries examined in P. H. C. Ghiror by Dr. O. P. S. Bhadauria at 3. 10 p. m. on the same day. AFTER that an information was lodged at the Ghiror Police Station resulting in prosecution of the accused persons including the revisionist.

(3.) THE victim constable Lahri as well as the A. R. T. O. and the accompanied per son have supported the allegation accord ing to the version mentioned in the First Information Report. THE circumstance discussed by the learned Sessions Judge is satisfactory.