V.N. Mehrotra, J. - (1.) The State of U.P. has come up in appeal against the judgment dated 30th June, 1980 by Smt. Saroj Bala, v. Assistant Sessions Judge , Agra acquitting the accused respondent Ajai Kumar Dixit alias Pappu.
(2.) It is said that at 8.20 P.M. on 22.6.1978 informant Ramesh Chandra Paliwal (P.W.4), lodged a first information report at Police Station Firozabad North, Agra against the present respondent Pappu Dixit alleging that his son Naresh Kumar Paliwal (P.W.1) was returning to his house from Tundla on his scooter and when he reached Ganj Tiraha of Sadar Bazar at about 7 P.M. accused Pappu Dixit, who is brother of Ashok Dixit of Mohalla Ganj, stopped the scooter and took out a knife from his pocket and struck Naresh Paliwal on the left side of abdomen. The respondent then ran away towards Ganj. He further mentioned that the occurrence was seen by Ravi Thakur, Jhahhu Lal and others. Rameshwar Paliwal brought Naresh to the hospital and from there he has been sent to the hospital at Agra. The informant also mentioned that the accused was inimical to Naresh due to some business matter. On the basis of this report; the case was registered.
(3.) The investigation in the case was conducted by S.I. Basant Lal (P,W.5). He recorded the statement of informant and searched for the accused but could not find him. He subsequently recorded the statement of some of the witnesses on 25.6.1978 and prepared site plan after local inspection. The Investigating Officer also recorded the statement of injured at S.N. Hospital, Agra on 30.6.1978. He took in his possession the blood stained clothes of the injured. After completion of investigation, charge sheet was submitted against the accused.;