SRI CHAND Vs. BRIJ BHUSHAN AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed by Srichand Under Section 378 of the Code of Criminal Procedure against the judgment of the Addl. Sessions Judge, Deeg dated April 29, 1982, whereby seven respondents were acquitted by him of charges Under Sections 147, 148, 452, 323/149, 307 and 307/149, IPC.

(2.) THE prosecution case was that on March 20, 1980, complainant lodged a First Information Report at Police Station, Sikari. In this report, it was mentioned by Scrichand that when he came back to his house in village Kurkin from another village Sukheti, he found that his aunt Smt. Keshar (PW 3) was lying unconscious and his son Vinesh and Rajendra were lying injured. He inquired from them about the pause of injuries and thereupon Ramjilal and Prem told him that at about noon, the seven respondents came armed with country -gun, lathis and stones and entered into the house of Srichand. They inquired about Srichand and Smt. Keshar and the above mentioned two sons told them that the complainant had gone out of the village. Thereupon, Ramji Lal, Bhagwan, Battu and Gheesi exhorted to surround these persons to kill them. It was further mentioned that Jag Mohan respondent inflicted injury on the left leg of Vinesh Kumar by stone and Gopal respondent also caused injury by stone on the knee. Thereafter Brij Bhushan respondent fired the gun shot from the country gun and thereby caused injury on the left buttock of Smt Keshar. Nathi respondent inflicted injuries on the face of Rajendra by a stone. Thereafter the respondents went away saying that Sri Chand may be told that he should leave the village otherwise all his family members would be killed. Ramji Lal and Prem were mentioned as eye -witnesses of the incident. Srichand complainant then took the injured to Bharatpur Hospital and got them medically examined. Then he came back from Bharatpur to Sikarai and lodged FIR Ex. P1. On the basis of this report, a case was registered at the Police Station, Sikari.

(3.) THE main grounds on which the Addl. Sessions Judge acquitted the respondents were that although the incident took place at about 1.00 p.m. on March 19, 1980, the FIR Ex. P/l was lodged after a delay of 24 hours, in the noon on 20th March, 1980. It was mentioned that the Police Station, Sikari was at a distance of only two furlongs from the Sikari Hospital where the complainant had taken the injured and yet no First Information Report was lodged on 19th March, 1980 itself. The explanation given by the complainant for the delay was not accepted. It was also mentioned that the site -inspection note was not proved and the place of incident was changed. Regarding the injuries sustained by Smt Keshar, it was mentioned that there contradictions regarding the injuries sustained by her and with regard to the place where they were inflicted. If the injury had been inflicted on the buttock, it could not be said that there was any intention to kill Smt. Keshar. Country made pistol was not recovered and so also the pellets were not recovered from the place of incident. Certain conradictions were also pointed out in the evidence of the eyewitnesses. It was also stated that Nathi and Cbameli had not participated in the incident. On the basis of this finding, acquittal was recorded.