- (1.) K. N. Ojha, J. Heard the Sri K. M. Mishra, learned Counsel for the revisionist and Sri R. R. K. Mishra, learned AGA.
(2.) INSTANT revision has been preferred against the order of conviction and sentence dated 23-1-1985 passed by the learned Sessions Judge, Etawah, in Criminal Appeal No. 111 of 1984, Mukut Singh and three others v. State, by which the order of conviction passed by the Munsif Magistrate, Court No. 9, Etawah, was confirmed but sentence under Sections 323 read with Section 34 IPC and Section 506 IPC was modified and the revisionists Mukut Singh, Maharaj Singh, Prahlad Singh and Angad Singh, all residents of village Sultanpur, police station Airwa Katara, district Etawah, were given benefit of Section 4 of Probation of First Offenders Act and it was directed that they be released on furnishing a bond of Rs. 2000 each with two sureties to keep peace and be of good behaviour for a period of one year and to receive sentence whenever called upon. It was also directed that they shall also pay Rs. 400 i. e. Rs. 100 each as compensation to the complainant under Section 5 of the Act. The Munsif Magistrate had passed order of conviction of the accused revisionist and had directed to undergo a sentence of six months R. I. under Section 323 IPC read with Section 34 IPC three months RI under Section 506 IPC. Both the sentences were to run concurrently. Prosecution case is that Phool Singh resident of the village Sultanpur, Police Station Airwa Katara, district Etawah, had installed a Rahat (irrigation machine) in plot No. 837, which was demolished by the revisionists. Therefore, a case was filed by the complainant against the revisionists in the Court of Etawah in which 6-10-1982 was date fixed for hearing. When he was coming back to his house at 4. 30 p. m. the revisionists caused injuries to him with sticks near district Jail, Etawah. He went to the police station and lodged FIR against the revisionists by name of 5. 30 p. m. under Sections 323 read with Section 34 IPC and 506 IPC. He was medically examined by Dr. C. L. Katiyar on 6-10-1982 at 8. 30 p. m. On this body following injuries were found. (1) Contusion 3 x 2 cm behind right shoulder. (2) Contusion 3 x 2. 5 cm on upper portion of left arm. (3) Contusion 2. 5 x 2 cm on right elbow. (4) Contusion 4 x 2 cm on the back of left leg. (5) Contusion 4 x 2 cm on the knee of left leg. (6) Abraded contusion 2 x 1 cm on right leg knee.
(3.) PROSECUTION examined Phool Singh and one eye-witness Gorey Lal Lal and Dr. C. L. Katiyar, who proved the injury report. After appreciating the evidence it was held by the Magistrate that commission of the offence was proved, therefore, order of conviction and sentence was passed against the revisionist. Aggrieved there from the revisionist preferred Criminal Appeal No. 111 of 1984. In the said appeal the order of the Magistrate was confirmed but the sentence was modified and benefits of Section 4 of the Probation of First Offenders Act was given. The learned Counsel for the revisionist submits that one of the accused is tube-well operator and it is not expected that he will involve himself in such crime, which may affect his service career. It is also submitted that in the FIR only two injuries find place while in the medical exmination report there is mention of six injuries. It is submitted that there is contradiction in the contents of the FIR and the injury report.;