- (1.) This criminal appeal has been filed on behalf of appellants - accused Shiv Lal and Madan convicted under sections 307/34 and 323/34 IPC vide judgment and order dated 9.2.1982 passed by IV Additional Sessions Judge, Aligarh in Sessions Trial No. 506 of 1979. Both the appellants have been sentenced to undergo R.I. for three months under section 323/34 IPC. Appellant Shiv Lal has been awarded R.I. for two years under section 307/34 IPC and appellant Madan has been awarded R.I. for four years under section 307/34 IPC. Both the sentences of each appellant were directed to run concurrently.
(2.) The incident started on a very trivial matter. It took place on 27.6.1978 at about 12:00 noon at the house of appellants in Manik Chowk, P.S. Kotwali, Aligarh. The F.I.R. was lodged by complainant Vinod Kumar (P.W.1) on the same day at about 1:40 p.m. at Police Station Kotwali, District Aligarh.
(3.) The prosecution case, as contained in the F.I.R., is that appellants Shiv Lal and Madan are father and son. Mahesh is another son of Shiv Lal. On 27.6.1978, Kusum - the daughter of sister of complainant released a rat in the lane. The rat entered the house of accused persons, who got annoyed. Allegedly, Shiv Lal and his sons Madan and Mahesh gave a beating to Kusum. At about 12:00 noon, P.W. 3 Subhash (Injured - brother of the complainant) went to the house of the accused to complain and to ask the reasons for beating of Kusum. The accused Shiv Lal, Madan and Mahesh (nonappellant) gave him a beating by dandas. Madan gave knife blows to Subhash. When the complainant went there to rescue his brother, he was also beaten by the accused persons. Lalit and Gyan Chandra, the residents of the same mohalla, rescued the complainant and his brother. Subhash was taken to hospital and the complainant wrote a written report exh. Ka -1 and gave it at the police station. On the basis of written report exh. Ka - 1, head moharrir Babu Lal Pandey (P.W.2) recorded F.I.R. (chik report) exh. Ka - 2 and registered the case under sections 323, 324 IPC in the G.D. (exh. Ka - 3) at serial number 28. Investigation was handed over to S.I. Om Prakash Sharma (P.W.5). After receipt of medical report of Subhash (P.W.3), the case was converted under section 307 IPC vide copy of G.D. Entry No. 60 dated 23.7.1978 at 23:15 hours (copy exh. Ka - 4). He recorded the statements of the witnesses and also recorded the statements of the accused on the same day, as they were present at the police station and lodged NCR in respect of the same incident. The accused were arrested. He also inspected the spot and prepared site plan (exh. Ka - 5). He took the clothes of injured in possession and sealed the same and prepared memo (exh. Ka - 6). After investigation, he submitted charge sheet (exh. Ka -7) against the appellants.;