- (1.)THIS is a revision by the accused who had been discharged by the Magistrate after hearing the prosecution evidence, the statement of the accused and the defence witnesses. Badal Khan, complainant, then went up in revision to the Sessions Judge, who set aside the judgment and order of the Magistrate and sent back the case to him for being admitted to its original number and for framing a proper charge against the accused; hence this revision by the accused as stated above.
(2.)THE case of the complainant was that on 14-9-1963 at about 6 p. m. he was returning home from his shop situate in mohalla Dariba in the town of Mainpuri. When the complainant reached near the flour mill of Chhote accused, all the 7 accused persons emerged from the mill premises and launched a concerted attack on him, with lathis. One of the accused Wali Ullah was further charged of having forcibly taken out a purse from the pocket of the complainant which contained a sum of Rs 100. On alarm being raised the eye-witnesses reached the scene of occurrence and saved the complainant. His allegation was that he went to the police station Kotwali for lodging a first information report but on account of social relations between the Kotwali police and the accused, who are influential persons of the town, the Head Constable did not scribe his report. He, however, got his injuries examined by the Medical Officer, Civil Hospital, Mainpuri at 7. 80 p. m. on 14-9-1968. The complainant was found to have received 8 injuries over the front parts of his body, including 2 injuries on the head. The doctor also found that his right hand index finger had been fractured and his right arm dislocated.
(3.)THE injuries of the complainant were duly proved by P. W. 1, Dr. M. L. Chaube. In his opinion all the injuries had been caused by some blunt weapon like Lathi and were 1/2 day old. On x-ray examination injury No. 6 was found to be a fracture of the right index finger which was grievous in nature. The doctor further deposed that the right hand of the complainant had been dislocated. The doctor had also examined Khuda Bux accused on 14-9-1963 at 9-15 p. m. and had found two abraded contusions, one on the left arm and the other on forearm caused by some blunt weapon like lathi.