P.N.Goel - (1.) RAJESH and Suresh appellants, have been convicted and sentenced under section 307/34 of the IPC to undergo rigorous imprisonment for five years. Anokhey Lal, who was tried with the appellants has been acquitted. His plea of alibi has been accepted by the learned II Additional Sessions Judge, Etawah who tried the case.
(2.) BRIEFLY stated the case of the prosecution was that Rajesh, Suresh and Anokhey Lal assaulted Shyam Lal (PW 1) Kahar by caste, with fists and kicks on October 23, 1974, at 12.30 hours in Nala Atrvind in Mohalla Gopal Bhawan in the town of Etawah. In the course of this marpit, at the instigation of Suresh, Rajesh took out a knife from the pocket of his pant and gave a blow to Shyam Lal. Shaym Lal was taken to his house by Kishan Lal (PW 3), Dularey and Santosh Kumar (PW 2). Shyam Lal got a report written by one Ram Saran. This report was lodged by Shyam Lal at Police Station Kotwali, Etawah at 12.55 hours. A little later at 1.10 p.m. Shyamlal was examined in the District Hospital, Etawah by Dr. K. S. Kapoor and following injury was found on his person :- "Incised wound bleeding and soft clot present. Direction from right to left horizontal-15 cm. x 3 cm. x bone deep 10th rib found cut superficially half portion lower part in tact on right of chest wall from ante-axillary line towards front and tailing towards left". Dr. Kapoor characterised this injury as grievous. The appellants and Anokhey Lal did not admit to have assaulted Shyam Lal as alleged. Anokheylal further pleaded that at the time of occurrence he was at Farrukhabad.
(3.) THE prosecution examined Shyam Lal, Santosh Kumar and Kishan Lal. Santosh Kumar is the sister's husband of Shyam Lal. Kishan Lal is nephew of Shaym Lal as is apparent from the statement of Santosh Kumar. Anokhey Lal examined Hari Datt Misra, Clerk and Ram Kishan Pathak, Head Clerk of the District Board, Farrukhabad. He produced two pass books of Savings Bank Account which were opened at Farrukhabad on October 23, 1974. THEse pass books were given as security along with the agreements which Anokhey Lal executed with the District Board, Farrukhabad on October 23, 1974. THE trial Judge did dot believe the presence of Santosh Kumar. He, however, believed Shyam Lal and Kishan Lal. He also believed the evidence of alibi adduced by Anokhey Lal. Consequently, Anokhey Lal was acquitted and the two appellants were convicted. Learned counsel for the parties have been heard and record has been examined with care.;