VINOD PRASAD, J. - (1.) CHALLENGE in this appeal by the sole appellant Gulabi is to his conviction under Sections 394/397 I.P.C. with imposed sentence of seven years RI recorded by 6th Additional Sessions Judge, Bareilly in S.T. No. 26 of 1981 (State Vs. Gulabi) relating to P.S. Kotwali, District Bareilly.
(2.) IN short, prosecution allegation against the appellant is that on 5.10.1980 at 7.15 P.M., he along with one of his associate robbed victim Niranjan Prasad of his wrist watch HMT Vijay No. 130277 HS with golden dial and white steel chain and caused him injuries with knife. While victim Niranjan Prasad P.W.-2 was grappling with robbers, he was shrieking for help, which attracted P.W.-1 informant constable Rishi Pal Singh, constables Om Pal Singh and Surendra Pal Singh towards the spot and they witnessed the scuffle and muscle flexing in between the three persons. All the police constables chased the culprits, who spotting them meanwhile had sprinted away and appellant was apprehended. Informant P.W.-1 Rishi Pal Singh prepared the arrest and recovery memo and brought the arrested accused along with fainted victim P.W.-2 Niranjan Prasad to the police station Kotwali where P.W.-1 dictated FIR Ext. Ka-2, which was registered as crime no. 1824 of 1980, under Sections 392, 307, 411 I.P.C. on 5.10.1980 at 8.30 P.M. mentioning the distance between the scene of the incident and police station to be one mile. Since victim was fainted, after preparation of letter of request for medical examination, he was dispatched to the hospital for treatment of his injuries. Medical examination of the victim was got conducted on 5.10.1980 vide Ext. Ka-11 and following facts were noted by the doctor in the medical examination report:- "Examined unknown aged about 35 years S/o unknown R/o unknown place, (P.T.) C.P. Rishipal Singh, P.S. Kotwali, Bareilly on 5.10.1980 at 8.45 P.M. M.I. Healed Scar 3 cm x 2 cm on (Rt) Patilla. Injuries:- (1) I.W. 6 cm x 0.2 cm muscle deep on (Lt) side face, starting from lateral side of nose up to (Lt) lower eye lid. (2) I.W. 0.5 cm x 0.2 cm muscle deep on lateral side of (Lt.) eye. (3) Multiple Incised wound in an area of 21 cm x 11 cm on Rt side of (P.T.) front of neck and on (Lt.) side of lower part of neck, oozing of blood from (P.T.) wounds present. (4) I.W. 1 cm x 0.5 cm on out side of (Lt.) ear. (5) Smell of alcohol coming out of his mouth and breath as he has consumed alcohol. Opinion: Injury (1), (2) and (4) are simple. Injury no. (3) kept under observation Advised X-Ray and Referred to Surgeon (P.T.) his opinion about this injury. All injuries are caused by sharp (P.T.) Duration fresh."
(3.) APPELLANT Gulabi had also sustained injuries in the same incident and he too was sent for medical examination along with the victim and his medical examination was conducted on the same day at 9.20 P.M. vide Ext. Ka-12 and following facts were noted by the doctor in his medical report:- "Examined Gulabi aged about 30 years S/o Tarachand R/o Village Gularia P.S. (P.T.) on 5.10.80 at 9.20 P.M. in Distt. Hospital, Bareilly (P.T.) no. 6 Om Pal Singh, P.S. Kotwali, Bareilly. M.I. Black mole on Lt side of abdomen 6 cm away from umblicus. Injuries:- (1) I.W. 1 cm x 0.2 cm muscle deep on palmer aspect of prox. Phalang of little finger (Rt.) wound is transverse. Oozing of blood present. (2) I.W. 1 cm x 0.3 cm muscle deep on palmer aspect of middle Phalang of ring finger (Rt.) wound is transverse. (3) Two I.W.0.8 cm x 0.1 cm each transverse, parallel to each other on palmer aspect of Prox. Phalang of ring finger (Rt.). (4) Linear abrasion 1.5 cm on palmer aspect of prox. Phalang of (Rt.) middle finger. Transversely situated. (5) Two linear abrasion 2 cm each transversely situated on palm (Rt.) on ulnar aspect. (6) Abrasion in area of 1 cm x 1 cm on front part of upper leg (Rt.). Opinion: All injury are simple in nature caused by sharp edged weapon except Inj. No. (6) which is caused by friction. Duration fresh." ;