S.I.Jafri, J. - (1.) THIS is an appeal preferred by Bhagwati, Dal Chand and Ganga Prasad against their conviction sand sentences recorded by Sri G. S. Sharma, 3rd Additional Sessions Judge, Budaun by his judgment and order dated 14-5-1977. Bhagwati appellant was convicted under section 452 IPC and was sentenced to undergo R. I. for two years. He was further convicted under section 323/34 IPC and section 32* IPC and was sentenced to pay a fine of Rs. 100/- and Rs. 250/- respectively on the aforesaid two counts. Dal Chand and Ganga Prasad appellants were also convicted under section 323/34 IPC and section 324 or 324/34 IPC and they were sentenced to pay a fine of Rs. 100/- and Rs. 250/- each under the aforesaid two counts respectively. Along with the appellants aforesaid, Kailash Chand was also prosecuted and tried by the trial court but he was acquitted of the charges.
(2.) THE case of the prosecution is that Kailash Chand accused was formerly the Head-master of DAV Junior School at Gunnaur. District Budaun while Dal Chand Sharma and Ganga Prasad were Assistant Teacher and clerk in the said school respectively. It is said that on 12-7-1973, accused Kailash Chand, Dal Chand and Ganga Prasad had submitted resignations from their respective posts and their resignations were accepted by the Managing Committee of the school on 16-7-1973. After the [acceptance of their resignations by the Managing Committee, a second throught prevailed on Kailash Chand, Dal Chand and Ganga Prasad. THEy challenged the validity of the order of the Managing Committee accepting their resignations through a civil suit instituted in the court of Munsif at Budaun. However, they failed in their efforts to get a stay order in their favour from the court of Munsif, Budaun. THE said suit was pending on the day of occurrence. THE managing committee of the said school, in the meantime, had appointed Mohd. Salim Khan as the Head Master of the said school vice Kailash Chand on 17-7-1973 and his appointment also received the approval of Basic Shiksha Adhikari on 14-10-1973. However, no appointment was made by the Managing Committee on the posts of Dal Chand and Ganga Prasad. Kailash Chand, Dal Chand and Ganga Prasad went up in representation to the Basic Shiksha Adhikaril Budaun stating that the resignation had been obtained by the Managing Committee of the school from them under duress and force and on 31-8-197.5, they succeeded in getting an order from Basic Shiksha Adhikari Budaun, direciting the management of the school to permit them to work in the school pending conclusion of the enquiry. However, the managing committee declined permission to the accused to work in the school. The case of the prosecution is that on 22-9-1973 at about 9.45 a. m. the accused Ganga Prasad and Kailash Chand armed with spears, Bhagwati armed with pharsa and Dal Chand with [Lathi intruded into the office of the school. At that time, Rameshwar Singh FW 3, Assistant Teacher of the school was present in the office. The accused by show of force, removed the timetable of the school from the office and tore it to pieces. They demanded the attendance register from Rameshwar Singh and on his refusal to oblige them, they dragged him outside the office and started belabouring him with brickbats and with their respective weapons. On the alarm raised by Rameshwar Singh, another teacher of the school Bharat Singh PW 1 was attracted to the scene of occurrence and on his attempt to intervene, he was also given beating by the accused persons. Thereafter, Mohammad Salim Khan PW 4, Head Master of the School, also rushed to the scene of occurrence along with other teachers and students of the school and on his intervention, Dal Chand delivered a Lathi blow on his head. Thereafter, the accused had made good their escape. A report of the occurrence (Ex-ka-1) was lodged at police station Gunnaur at 9.45 a. m. on 22-9-1973 by Rameshwar Singh PW 3. The head Constable of the police station prepared a chik report on the basis of the report Ex. Ka-1. He also registered a case in the General Diary of the police station under section 308/452/332 IPC against the accused. Thereafter, Bharat Singh, Rameshwar Singh and Mohammad Salim Khan were sent for Medical Examination at the Primary Health Center Gunnaur where they were examined by Dr. Mohan Lal PW 2 between [1 a. m. to 11.20 a. m. the same day.
(3.) DR. Mohan Lal found the following injury on the person of Rameshwar Singh. 1. A traumatic lacerated wound 2 cm x 0:5 cm x muscle deep left side hand 10 cm above the elbow. Advised X-ray. 2. A lacerated wound 1 cm x 0.5 Cm akin deep. 3 cm in front of injury no. 1. 3. A lacerated wound 3 cm x 0.5 cm x skin deep back of left upper arm above the elbow. Bharat Singh was also examined by the Doctor and following injuries were found on his person : 1. An incised wound 3 cm x 0.25 cm x skiin deep top of hand. 2 A punctured wound 0.25 cm x 0.25 cm x 0.5 cm back of right ear. 3. A lacerated wound 0.25 cm x 0.25 cm x skin deep above the right eye brow. The Doctor also examined Mohd. Salim Khan and he found following injury on his person. Abrasion 2 cm x 2 cm in front of head near the hair-line.;