G.D.Dube - (1.) THIRD Additional Sessions Judge Muzaffarnagar has convicted Zamil and sentenced him to one year R.I. under section 324 IPC, and one years rigorous imprisonment and a fine of Rs. 1000/- for the offence punishable under section 325 read with section 34, IPC. Appellants Riaz, Muda and Manzoor were also found guilty and thereby convicted and sentenced to one year R.I. each under section 324 read with 34, IPC and one years rigorous imprisonment and a fine of Rs. 1000/- each under section 325 read with section 34, IPC. In default of payment of fine all the appellants were directed to undergo R.I. for three months. All the sentences were directed to run concurrently. Aggrieved by this order the present appeal has been filed.
(2.) THE prosecution case is that the appellants were intending to take water through the filed of Farjan. Farjan had not permitted this taking of water. Consequently the appellants were highly infuriated. It is alleged that at about 9 a.m. on 17-3-1975 the injured Farjan PW 2 was cutting 'Barsim' in his field situated in village Jangal Qasba P. S. Kerana district MuzafarNagar. Appellant Zamil armed with Palkati and Riaz, Muda and Manzoor armed with Lathi arrived. Zamil exhorted his companions that Farjan be taught a lesson for stopping the water through his field. THE appellant started assaulting Farzan with their weapons. Farjan ran for his life. THE accused chased him and caused hurt to him in the field of Muda appellant. After injuring Farjan quite seriously appellants ran away. THE persons working in neighbourhood viz., Barhu, Liyakat, Abbuikim challenged the assailants. THE accused-appellants ran away. The whole incident was narrated by Liyaqat to Yameen near the brick klin of Chaudhari Lehari Singh. Yameen arrived at the spot and found Farjan in a critical condition. Hence he was carried in a Buggi to Primary Health Centre, Kerana. Farjan was examined by Dr. R. K. Khanna PW 1 at 10.45 a.m. on 17-3-1975. The doctor had found 35 injuries on the person of Farjan. All these injuries have been mentioned in detail by the lower court in paragraph 3 of its judgment; hence it is not at all necessary to quote them again in this judgment. After getting Farjan medically treated and examined Yameen came to police station Kerana and lodged report at 12.20 p.m. same day.
(3.) THE investigation had been taken up by Suraj Pal Singh, Sub-Inspector PW 8 of Police Station Kerana. He was present at the police station when the report was lodged. He went to the hospital and interrogated Farjan and Yameen. He took blood stained 'Kurta', 'Tahmad' and 'Baniyain' of Farzan and prepared a memo Ext. Ka. 4. He went to the spot, interrogated other witnesses and prepared a site plan. He collected blood stained earth and plain earth from the spot and prepared memo Ext. Ka. 6. After perusing the supplementary medical report and completing other formalities a charge- sheet was submitted on 9-4-1975. The appellants were charged for the offence punishable u/Sec. 307, IPC read with section 34, IPC. The prosecution had examined PW 1 Dr. R. K. Khanna, who had examined injured in P. H. C. Kerana. PW 2 Farjan, PW 4 Yameen, PW 5 Abbuikim, PW 6 Majeed and PW 7 Barhu were examined as eye witnesses. PW 3 Dr. Madan Mohan Sharma had x-rayed the right hand Farjan and found that the 4th meta-corpal bone of right hand had fractured. PW 8 Suraj Pal was the Investigating Officer PW 9 Kavidutt, Head Constable had registered the case and proved Chik report Ext. Ka 8.;