U.K.Varma, J. - (1.) This is an appeal against the judgment and order of Sri Munni Lal, II Addl. Sessions Judge, Rampur dated 2-5-1979 convicting the appellants Iqbal alias Looti and Ashraf under Section 307 read with Section 34 and 332 of the Indian Penal Code and sentencing them to four years R. I. on the first count and two years R. I. on the second with this stipulation that both the sentences shall run concurrently. The prosecution case briefly stated is that at 7 P.M. on 18-3-1978 the complainant Babu Ram constable had challenged Iqbal appellant under Section 34 of the Police Act when he had parked his rickshaw on the road and blocked traffic but later released him on bail on personal bond. The appellant Iqbal got angry and threatened him. As the complainant at quarter past eight was going to get a case registered in the police station Kotwali against Iqbal, he was intercepted by him and Ashraf. The appellant Iqbal told him that he was not going to spare his life and both Iqbal and Ashraf assaulted him with a saria and a stick. Bibian, Sakhawat and Puttan in the meantime arrived and intervened. Had they not done so, the appellants would have killed him.
(2.) The report of the incident had been lodged at 8.41 P.M. on 18-3-1978 and the medical examination of Babu Ram had been done at 9 P. M. on the same day. The medical report Ext. K shows that the complainant had sustained 15 injuries in all including three on the head.
(3.) The prosecution had examined Babu Ram PW 1 Sakhawat PW 2 and Bibian PW 3 as the witnesses of the occurrence. From the statements of the prosecution witnesses it appears that they knew the appellants. The fifteen injuries of Babu Ram could not be presumed to be self inflicted. There was no reason for Babu Ram and the prosecution witnesses to exonerate the persons who had really assaulted and falsely implicate the appellants. The prompt report and the medical examination soon after add credence to the statements of the PWs. The assault by the appellant's on Babu Ram constable has rightly been held to be fully substantiated.;