Barkat Ali Zaidi - (1.) -Appellant-accused Dauji was tried (In S.T. No. 246 of 2001), for a charge under Section 308, I.P.C. and the Addl. Sessions Judge/Special Judge, Aligarh by judgment and order dated 29.9.2005 found him guilty and sentenced him to undergo rigorous imprisonment for 4 years.
(2.) THAT brings the appellant here. The prosecution case is that on 26.8.1999, around 7.00 O'clock in the evening, in village Karthala when P.W. 1 injured person Girraj was sitting on a cot in front of the house of Ram Gopal Mallah, accused Dauji came there, hurling abuses and delivered a lathi blow on the head of P.W. 1 Girraj, causing injury on his head, in consequence whereof, he fell down on the ground. The incident was seen by P.W. 2 Raghuvir Singh and P.W. 4 Har Charan Singh, who rescued the injured person. A written report of the occurrence was lodged by the elder brother of the injured P.W. 3, Nandan Singh, at police station Iglas on 26.8.1999 at 8.30 p.m.
(3.) THE police on basis of written report registered a case under Section 308, I.P.C. against the accused, the investigation of which was assigned to P.W. 5 S. I. Brij Mohan Gautam. Injured Girraj was initially examined at Primary Health Centre Iglas, where from he was referred to District Hospital, Aligarh, where P.W. 7 Dr. Nagendra Prasad, found the following injury on his person, vide injury report Ex. Ka-7 as noted below : "Lacerated wound 1.5 cm. x .5 cm. x scalp deep, surrounded with contusion, 4 cm. x 5 cm. on left side head, 5 cm. above left ear. Patient has vomited 20 times till now. Semi conscious, pupils dilated. Reaction to light sluggish, Pulse 70 p/m. Respiration 16 p/m. B.P. 100/80 mm. Hg. G.C. Poor." He was advised X-ray of his injuries. The inured was thereafter treated at Medical College, Hospital at Aligarh, where P.W. 6 Dr. V. K. Srivastava on the basis of the X-ray report gave the following diagnosis. "E.D.H. adjacent to left temporal parietal bone wish localised skin in left temporal parietal region with fracture Occipital bone. Left temporal bone with depressed fracture with left parietal bone with soft tissue swelling.";