N.N.Sharma - (1.) THIS revision is directed against order dated 10-4-1985 recorded by Sri N. C. Jain, learned Ilnd Additional Sessions Judge, Aligarh in Criminal Appeal No. 238 of 1984 by which order dated 21-5-1984 recorded by Sri V. K. Tyagi, learned IV Additional Munsif Magistrate, Aligarh in Case No. 90 of 1984 was affirmed.
(2.) LEARNED Magistrate convicted the revisionists under Sections 147/323 IPC. Each revisionist was sentenced to six months S.I. under Section 147 IPC and three months S. I. under Section 323 IPC. Both the sentences were ordered to run concurrently. All the revisionists are own brothers. Scene of occurrence lay in front of the house of informant Gulam Sarwar PW 1 as shown in site plan Ext. Ka-1 drawn by investigator Sri Udai Vir Singh PW 4. There is a platform in front of the house of informant. It was on 12-8-1979, at about 8.00 a. m. that all the revisionists reached the platform and began to dig foundation to encroach over the same. They were armed with lathi; Abdul Hamid possessed a spade also. Informant obstructed the said encroachment ; Abdul Hamid inflicted blows with the spade on the head of informant who fell down. His co-accused also dealt blows with lathis etc. Occurrence was witnessed by Mohd. Akbar PW 2, Kunwar Sadiq AH PW 3 and others who intervened. It was on their intervention that the accused went away.
(3.) FIRST information report Ext. Ka-3 was lodged by informant at police station just after the occurrence at 8.45 a. m. The report was taken down under Section 155 of Code of Criminal Procedure for a non-cognizable offence. Injuries were examined at 10.15 a. m. on the same day by Dr. S. R. P. Misra PW 5 who detected six injuries on the person of informant as detailed in injury report Ext. Ka-5. Two lacerared wounds were detected on the head of injured. Duration of the injuries coincided with the time of occurrence.;