Kundan Singh, J. - (1.) This revision has been preferred by the applicants, Munna Singh and Dhirendra Kumar, against the judgment and order dated 7.2.86, passed by Sri G.S. Chaubey, Special Judge, Varanasi, in Criminal Appeal No. 293 of 1984, confirming their convictions and sentence under Section 452 I.P.C. for one year's R.I. and under Section 323 read with Section 34 I.P.C. for six months' R.I. awarded by Sri V.K. Srivastava, 2nd Judicial Magistrate, Varanasi, in Criminal Case No. 4420 of 1984. Both the sentences were directed to run concurrently.
(2.) The applicants along with other co-accused, Tara Prasad Singh, who was also convicted and sentenced, for the same offence filed the above mentioned Criminal Appeal before the L earned Sessions Judge, Varanasi. The Learned Special Judge maintained the convictions and sentences of the applicants but acquitted the co-accused, Tara Prasad Singh. from the charges levelled against him.
(3.) The prosecution case, in brief, is that Sub-Inspector Ranjeet Singh was posted at police station, Chandauli, on 17.4.83. On that date at 9.30 p.m. Sri G.S. Pandey, the then Station Officer of Police Station Chandauli, along with Sub-Inspector Ranjeet Singh, had gone to check the duties of police constables deputed at Polytechnic College Chandauli. There they found the two constables Ram Autar and Mohammad Riyaz, present on their duties but the applicants constable, Munna Singh and Dhirendra Kumar,were found absent from their duties. Sri R.S. Pandey and Ranjeet Singh Sub-Inspector were informed by the constables Ram Autar and Mohammad Riyaz that the applicants Munna Singh and Dhirendra Kumar, had proceeded from the Police Station along with them for duties but on the way they stopped at Chandauli market informed them that they would come back after some time. It is said I hat four constables, including the applicants, were deputed for their duties from the police station at 6.30 p.m. on that date and that their Rawangi was noted in the general diary. Sri H.S. Pandey, the Station Officer, along with Sub-Inspector Ranjeet Singh, returned at the Police Station and got the absence of the applicants, Munna Singh and Dhirendra Kumar, noted in the general diary, Ext. Ka 3, at 9.50 p.m. on 17.4.83, Sub-Inspector Ranjeet Singh was present in the Government quarter of S.P. Tewari, a Sub-Inspector in a separate room in the campus of the police station Chandauli, as Sri S.P. Tewari was living without his family he accommodated the Sub-Inspector Ranjeet Singh in one of the rooms of the same Government quarter. On the same day i.e. 17.4.83 at about 11.30 p.m. constable Munna Singh is said to have entered in the room of Ranjeet Singh Sub-Inspector and started abusing him on the pretext that he got his absence noted in the general diary. Meanwhile the constable Dhirendra Kumar and Tara Singh also reached there. Then all the three police constables beat the Sub-Inspector, Ranjeet Singh with kicks, fists, chappal and shoes. On the alarm raised by Ranjeet Singh Sub-Inspector, Sri S.P. Tewari, who was also present in one of the rooms of the same quarter came there and tried to intervene in the assault. Meanwhile Sri R.S. Pandey along with clerk constable Ram Raj rushed to the scene of occurrence. On being challenged by the clerk constable Ram Raj and Sri R.S. Pandey, the accused persons made good their escape. As a result of the beating Sub-Inspector Ranjeet Singh sustained certain injuries on his person. The fact of this incident was incorporated in the general diary of the Police Station at 11.40 p.m. It is also alleged that a written report of this incident was handed over by the injured Sub-Inspector Ranjeet Singh to the Station Officer, R.S. Pandey. The injured Ranjeet Singh got himself medically examined at Government Hospital, Chandauli, on the same night at 12.40 a.m. It is also alleged that one report about this incident was also sent by the injured to the Senior Superintendent of Police, Varanasi, through proper channel on 18.4.83. The Senior Superintendent of Police Varanasi on 20.4.83 directed the registration of the case and also its investigation. Sri S.N. Singh, the them Station House Officer, Police Station Mughai Sarai, investigated the case and recorded the statements of the witnesses inspected the site and prepared site plan etc. He also required the sanction or prosecution of the accused persons which was also granted by the Senior Superintendent of Police Varanasi on 16.9.83. Thereafter the charge Sheet was submitted in the court and the accused applicants were tried.;