- (1.) UNDER challenge in this appeal is the judgment and order dated 5.6.2012 passed by learned Sessions Judge, Ambedkar Nagar in Sessions Trial (SC/ST) No. 3 of 2007 arising out of case Crime No. 70 of 2005, Police Station Bewana, district Ambedkarnagar whereby the appellant was tried for the offences under Sections 307, 323, 504 and 506 I.P.C. and 3 (1)(x) of the SC/ST Act. After trial, he was acquitted of the charges under Sections 307, 504 and 506 I.P.C., however, he was convicted under Section 323 I.P.C. and 3 (1)(x) of the SC/ST Act. He was sentenced to undergo rigorous imprisonment for a period of six months under Section 323 I.P.C. and for the offence under Section 3 (1)(x) of the SC/ST Act, he was sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs. 1,000/ - with default stipulation of three months additional imprisonment. All the sentences were directed to run concurrently.
(2.) IN brief, the facts of the case according to F.I.R., may be summarized as under: - In the intervening 28/29.10.2005, Ram Leela was going on in village Karauna. Complainant Shesh Mani went to see Ram Leela at about 10:00 p.m. in the night. He was accompanied by Jais Ram and Muleshwar. They were enjoying Ram Leela, sitting on a bench. In the night at about 2:00 a.m. appellant Bhola accompanied by Santosh Singh and also with son of Seeta Ram Chauhan came to the complainant and abused them with caste aspersions and challegned them how they dared to view Ram Leela by sitting on a bench. When the complainant asked them not to abuse him, then these persons started beating him with kicks and fists. The persons, who were accompanying the complainant made an effort for his rescue. In the meantime, appellant Bhola took out his countrymade pistol and putting the same on the temporal region of the complainant fired, which missed. Thereafter he gave blow with the butt of the countrymade pistol on his head and chest and caused him injuries. In the meantime, other persons, who were present in Ram Leela also assembled there and all the three persons went away from there extending threats of dire consequences. Because it was night, so the appellant could not go to the police station to lodge the F.I.R. immediately.
(3.) THE complainant went to the police station on the next morning, and got the F.I.R. scribed by one Dhirendra Pratap Tripathi and lodged the same at police station Bewana at 9:35 a.m. on the basis of which, the case was registered. The investigation was conducted by Circle Officer Prem Chandra Tiwari, who inspected the place of occurrence on 30.10.2005. The medical examination of the injured took place on 29.10.2005 at 1:50 p.m. at P.H.C., Akbarpur by PW -3 Dr. R.S. Verma and following injuries were found on the person of the injured. (i) Lacerated wound over head 12 c.m. above the left ear pinna size 4 c.m. x 1 c.m. x scalp deep, blood clot present. Advised x -rays skull. (ii) Lacerated wound over head 1 c.m. posterior to injury no. 1, 2 c.m. x 0.20 c.m. into muscle deep, blood clot present. (iii) Lacerated wound 7 c.m. posterior to injury no. 2, over head size 3 c.m. x 1 c.m. x muscle deep, blood clot presnet. (iv) Abrasion front of chest 5 c.m. below medial end of right clavical bone size 5 c.m. x 1 c.m. radish blue in colour. (v) Abrasion left side back of chest over inferior of left scapular bone size 2 c.m. x 1 c.m. radish blue in colour. In the opinion of doctor, injury no. 1 was kept under observation and patient was referred for x -ray at District Hospital, Faizabad. Rest injuries were reported to be simple in nature caused by hard and blunt object. Duration was within one day.;