P.N.Goel - (1.) RAM Surat, appellant, aged about 60 years has been convicted and sentenced under section'307 IPC to undergo RI for 7 years for having assaulted RAM Lakhan, PW 1 of his village Kewari Police Station Kaptanganj, district Basti with a spear (Bhala) on 17-9-1972 at about 8 A. M.
(2.) THE report of the occurrence was lodged verbally by Sarju, PW 2, at the police station at 2.45 P. M. Ram Lakhan Misra, S. I., PW 5, entered upon investigation. Dr. U. R. Gupta, examined Ram Lahkan, injured on the date of occurrence at 5.15 P. M. Following injuries were found on his person :- On 18-9-1972 Dr. S. C. Chaturvedi X' rayed injuries 1 and 2 of Ram Lakhan in the district hospital. He found fracture of the jaw bone and dislocation of the jaw.
(3.) THE appellant did not admit to have assaulted Ram Lakhan. He asserted that Ram Lakhan had got his possession recorded on his field, that Ram Lakhan wanted to take that field in consolidation, that he did not agree, that therefore. Ram Lakhan was hostile to him and [had falsely implicated him in this case. On fact the prosecution examined Ram Lakhan, Sarju and Jome, PWs 1, 2 and 4. No witness was examined in defence. Ram Lakhan stated that on the date and time of occurrence he was gping from his house to scrap grass, that when he reached in a grove to the west of his village abadi, Ram Surat came up with a Barchha and gave a blow at his jaw, on account of which he fell down, that he raised alarm, that the appellant gave another Barchha blow at his jaw, that he also caused injury with the buttend of the barchha at. his eye saying "Aur Meri Janani Se Bolo".;