N.N.Sharma - (1.) THIS appeal is directed against acquittal of respondents under sections 452 and 323 of Indian Penal Code by Sri D. N. Sinha, learned Munsif Magistrate Allahabad in case No. 1992 of 1976.
(2.) IT appears that these proceedings were initiated on a complaint by complainant against respondents Shamsher Bahadur and his son Udai Singh, under sections 323, 452, 504 and 506 of Indian Penal Code, filed on 25-3-1975. The incident giving rise to these proceedings took place on 5-3-1975 at about 8 A. M. Parties are next door neighbours ; there is a latrine in the house of respondents on the roof ; it has not been enclosed by walls; the lattice enclosing the same does not obstruct the view of the latrine from the Zanana house of complainant. On the morning of incident the latirine was being used by some stranger, who was seen sitting naked in that latrine and indulging in some obscene activity by the ladies of the house of complainant complainant took an exception to it and reached the house of respondents for expostulation. Both the appellants armed with lathis, hurled abuses on complainant and chased him. Complainant entered his house for safety. He was not spared there also by respondents who intruded his house and belaboured him with lathis Smt. Jagrani mother of complainant, ran to his rescue but was also belaboured. Complainant lodged a report at police station Daraganj in the same forenoon at 8. 45 A. M. This report was taken down under sections 323, 504 and 506 of Indian Penal Code. It was not recorded under section 452 of Indian Penal Code by Sri Babu Singh (DW 1) the then clerk constable, who registered the case in general diary vide Ext. Ka-2. Writing of Babu Singh was proved by Mohd. Sharif PW 3 who was acquainted with the same. Complainant also got himself examined in the same forenoon at 10. 45 A. M. by Dr. C.B. Singh PW 4, who happened to be Medical Officer, M. L. N. Hospital on that date. Following injuries were detected 1. Lacerated wound 1-1/2 x 1 /2 x bone deep on scalp 2 above left ear, bleeding. 2. Hacmetoma 1/2 x 1/2 on scalp 1 above right ear. 3. Abrasion 1/2 x 1/2 on back of left elbow joint movements normal.
(3.) ALL injuries were caused by some blunt object and were recent at time of examination. Injury No. 3 was simple. Injuries Nos. 1 and 2 were kept under observation for which x-ray was advised vide report Ext. Ka-3 proved by doctor, who opined that the injured could have sustained these injuries in that morning at about 8 A.M. The injuries could have been caused by lathi blows. Injury No. 1 was not capable of being caused by a brick bat. In support of his complaint, complainant examined himself and one Dinesh Pande. Both these witnesses testified about respondents being the authors of the injuries sustained by complainant on 5-3-1975 at about 8 A. M. in connection with the invasion of privacy of Zanana house of complainant from the latrine of respondents, which was used on that morning by some male stranger.;