H.N. Kapoor, J. - (1.) APPLICANTS Mohar Ali, Juddi, Farid and Wahid have been convicted Under Section 324/34 IPC and sentenced to undergo six months' R.I. and to pay a fine of Rs. 25/ - each. The order of conviction has bee n confirmed by the II Temp. Sessions Judge of Pratapgarh by his judgment dt. 5 -2 -1971.
(2.) THE prosecution case is that the fields of Smt. Zamirul (PW 1) and Mohar Ali Applicant situate in village Ramnagar, P.S. Patti in the distt. of Pratapgarh were adjacent to each other. Mohar Ali Applicant directed flow of water to his field through the field of Smt. Zamirul. Abid Ali (PW 2) son of Smt. Zamirul blocked the flow of water. This enraged Mohar Ali who went to the house of Smt. Zamirul on 7 -8 -1969 at about 7 a.m. and asked Abid Ali to go with him to his field for settling the matter through panchayat. Abid Ali accompanied him. Smt. Zamirul also followed then when they reached the field, it was found that the other Applicants were already present there. Juddi was armed with a kanta while the others had lathis with them. All the four Applicants started beating Abid Ali with lathis and Kanta. Both Smt. Zamirul and Abid Ali raised alarm which attracted Abdul Wahid (PW 3), Lalta Singh, Pudah Pandey and Khalil. They reached there and intervened. The Applicants then left the place. Abid Ali had fallen on the ground having" sustained kanta and lathi injuries. He was then taken to Katra Gulab Singh hospital where he was examined by Dr. J.N. Saxena at 9 -30 a.m. He found 18 injuries on his person out of which injury No. 1 was an incised wound 3" X 4/10" X scalp deep over head and injury No. 10 was a lacerated wound 4/10" X 1/10" X 2/10" on left leg. The rest of the injuries were abrasions and contusions. Smt. Zamirul lodged the FIR (Ex. Ka -1) the next day i.e. on 8 -8 -1969 at 4.40 p.m. after about thirty -four hours. The report was taken down Under Sections 323 and 324/149 IPC. Some other persons were also named as accused. S.I. Mahendra Bahadur Singh (PW 4) made investigation of the case. After making the investigation, he submitted the charge sheet Under Section 324/34 IPC against the four Applicants only, while final report was submitted against the remaining persons. The Applicants pleaded not guilty and stated that they were falsely implicated in the case on account of enmity. No witness was examined in defence. Both the courts below after making appraisal of evidence arrived at the conclusion that the prosecution case was proved against all the four Applicants.
(3.) LEARNED Counsel for the Applicants has argued that due weight has not been attached by the lower courts to the circumstance that the FIR was lodged after much delay. The delay has been explained away by saying that there was no male member and Smt. Zamirul was busy in looking after her only son Abid Ali who had received serious injuries and as such the FIR could not be lodged promptly. It was, however, argued that this circumstance could have explained delay for a few hours but not delay of thirty -four hours specially when the police station was very close to the hospital.;