BHARAT BHUSHAN,J. - (1.) THIS criminal appeal is directed against the judgement and order dated 20.5.1985 passed by learned Ist Addl. District and Sessions Judge, Saharanpur in Sessions Trial No. 323 of 1983, whereby the appellant Irfan was convicted for offence under Section 324 Indian Penal Code, 1860 (in short IPC) and appellant Izhar was convicted under Sections 324 IPC read with Section 34 IPC and consequently sentenced both of them to undergo rigorous imprisonment for two years.
(2.) THE prosecution story as gleaned from the FIR is that on 4.5.1981 at about 10 p.m., both the appellants Irfan and Izhar accosted the complainant Saddoo Khan and assaulted him. While appellant Izhar caught Saddoo Khan, the complainant and put him down on the ground, appellant Irfan stabbed him repeatedly.
(3.) REPORT of the incident was lodged on the same day i.e. on 4.5.1981 at about 10.15 p.m. at P.S. Jawalapur, District Saharanpur on the basis of the report (Ex. Ka -1) written by one Ramesh Chand. Thereafter, Constable Ram Pal Singh, P.W -4 is said to have prepared the check report (Ex -Ka -2) and registered the case in the GD (Ex -Ka -3). Investigation was conducted by S.I. Ishwar Singh, P.W. -5. The Investigating Officer recorded the statements of the witnesses and prepared the site plan (Ex -Ka 4). The injured Saddoo Khan (P.W -1) was medically examined at Mission Government Hospital, Hardwar at 10.40 p.m. and the Doctor found the following injuries on his person: (I) Stab wound 1.5 cm X 0.5 cm X Chest Cavity Deep, right side back over scapular region obliquely (II) Stab wound 2 cm X 0.5 cm X Chest Cavity Deep right side of back in middle obliquely. (III) Stab wound 2 cm X 0.5 cm X Chest Cavity deep right side back 2 cm below Injury no. 2. (IV) Stab wound 1 cm X 0.5 cm X Chest Cavity Deep in middle just lat. to vertebra column. (v) Abrasion 2 cm X 1 cm in front of left knee (vi) Abrasion 0.5 cm X 0.5 cm in front of right leg in middle. The doctor opined that, all the injuries were fresh in duration. Injuries no. 1 to 4 were kept under observation and these injuries were reported to be caused by sharp object and injuries no. 5 and 6 were simple and were caused by friction against rough object. After completing the investigation the I.O. submitted the charge sheet (Ex -Ka -7) against the accused appellants under Section 307 IPC. The case was thereafter committed to the trial and the accused appellant no. 1 Irfan was charged for offence under Section 307 IPC and the appellant no. 2 Izhar was charged for offence under Section 307/34 IPC by the trial court vide order dated 28.1.1985. Both of them denied the charge levelled against them and claimed to be tried.;