- (1.) Challenge in this appeal is to the judgment and order dated 29.1.2004 passed by Sri B. D. Mishra, the then Addl. Sessions Judge, Fast Track Court no. 1, Muzaffarnagar in S. T. no. 1358 of 1999 whereby the appellants have been convicted for the offences punishable u/s 324 and 323 IPC read with section 34 IPC and each of them had been given benefit of Probation of Offenders' Act.
(2.) Brief facts germane to the appeal are that on 18.3.1998 at about 4.00 p.m. complainant Omvir Singh r/o village Khedi Ranghdhan P. S. Khatauli District Muzaffarnagar submitted a written report at P. S. Khatauli alleging that their field is adjacent to the field of Kunwar Pal and they used to dismantle their mendh. Today at about 8 a.m. his brother Mahavir had gone to the field and found Kunwar Pal and Lakhan dismantling their mendh. He protested whereupon both of them assaulted him with lathi and spade. He was seriously injured. His shrieks attracted the complainant, Ram Kumar s/o Prahlad Singh Radhey s/o Shri Pal and others. When they saved Mahavir, the accused persons also threatened them. On the basis of this report case at crime no. 112-A/98 u/s 324, 323, 506 IPC was registered, investigation whereof was entrusted to SI Smt. Raj Bala Vishnoi. Ere that injured Mahavir Singh was medically examined by Dr. M. S. Faujdar at PHC, Khatauli the same day at 9.30 a.m. He found following injuries on his person: 1. Lacerated wound 2.2 cm x 0.5 cm x 0.4 cm deep over right side of scalp 7.0 cm above from mid of right eye brow. Fresh bleeding present. 2. Incised wound 1.3 cm. x 0.3 cm x 0.3 cm deep over right side of forehead just above from mid of right eye brow. 3. Contusion 2.0 cm x 1.5 cm over back of right shoulder. Red in colour. 4. Contusion 2.0 cm x 1.0 cm over outer aspect of upper 1/3rd of left upper arm. Red. 5. Abraded contusion 4.0 cm x 2.0 over left lateral aspect of lower 1/3rd of chest associated with pain on breathing. Kept under observation. 6. Unscabbed abrasion 1.5 cm x 0.3 cm over back of middle 1/3rd of left side index finger. In the opinion of the doctor all injuries were simple except injury no. 5 and were fresh in duration. Injuries no. 1,3, 4 and 5 were caused by some hard and blunt object while injury no. 2 by sharp edged weapon. Injury no. 6 could be caused by friction against rough surface. Injury no. 5 was referred to District Hospital, Muzaffarnagar. The investigating officer interrogated the witnesses, prepared site plan of the spot and after completing the investigation submitted charge sheet against the accused-appellants.
(3.) After committal of the case to the Court of Session charges for the offence punishable u/s 324/34, 323/34 and 506 IPC were framed against both the accused-appellants, who abjured their guilt and claimed trial.;