- (1.) M. K. Mittal, J. This appeal has been preferred by Shrawan Kumar Rai @ Guddu Rai against the judgment and order dated 26-5- 2001 passed by Sri S. S. Gupta the then Additional Sessions Judge (Court No. 2), Mau, in Sessions Trial No. 38/99, whereby he has been found guilty and convicted under Sections 323, 324 IPC but instead of awarding substantive sentence has been directed to be released under Section 4 of U. P. First Offenders Probation Act (hereinafter referred as Act) for keeping peace and of being good behaviour for a period of one year, on furnishing personal bond and two sureties for Rs. 5,000/- each. It was also directed that in case of violation of any condition he would be liable to undergo sentence, after hearing on the question of sentence.
(2.) THE brief facts are that Smt. Gulaichi Devi lodged an oral report which was written as NCR (Ex. Ka-1) at Police Station Ranipura on 26th December, 1998 at 3. 15 a. m. According to Smt. Gulaichi Devi, on 25th December, 1998 at about 11. 30 p. m. she was sitting out side her house and was waiting for her two daughters who had gone to witness video which was being played at the house of Rai Sahab in the neighbourhood. THE lantern was burning at her door. At that time the accused came and when the informant asked as to who was there, he started abusing her and also attacked her with the horn of deer and also pricked it. She caught hold the accused and also raised alarm but he gave a blow on her finger with horn and also gave a fist blow in her stomach and got himself released and ran away. Hari Narain, Vikram, Ramnath and others came and saw the accused running away. She was also medically examined. Head Constable Shivaji Singh was posted at Police Station on 25th December and he prepared the NCR on the oral information of the informant. Witness Ram Awadh Verma PW 6 with whom constable was passed and with whose signature and handwriting he was familiar, proved the N. C. R. At that time Ramjiram constable clerk was also posted at Police Station and he registered the case in the general diary. The copy has been proved by this witness as Ex. Ka-8. Smt. Gulaichi Devi was medically examined by Dr. Vijai Kumar Rai PW-5 Medical Officer Primary Health Centre Rampur, District Mau on 26-12-1998 at 10. 00 a. m. She appeared before the doctor herself. He found the following injuries on her person. (i) Incised wound 2 cm. x. 6 cm. x bone deep over scalp back side midline, 10 cm. from right ear. Bleeding was not present. Margins were sharp. (ii) Incised wound 2 cm. x. 3 cm. x bone deep over scalp front side midline 8. 5 cm. above from left eye brow. Bleeding was not present. Margins were sharp. (iii) Incised wound 2. 5 cm. x. 6 cm. x bone deep over left right finger dorsal aspect 6. 5 cm. from tip of the ring finger. Bleeding was not present. Margins were sharp. (iv) Lacerated wound 1. 3 cm. x. 3 cm. x skin deep over right toe 2. 3 c. m. from tip of right toe. Bleeding was not present. Margins were sharp. (v) Complaint of pain over abdomen umbilical region. No external mark was present. (vi) Complaint of pain over left shoulder. No external marks of injury were seen.
(3.) ACCORDING to Medical Officer the injuries No. 1, 2 and 3 were caused by sharp pointed weapon and were grievous in nature and the rest of the injuries were caused by hard and blunt object and were simple in nature. Duration was about half day. The doctor proved the injury report Ex. Ka-3. ACCORDING to him the injuries No. 1, 2 and 3 could be caused by the horn of deer if its edges were made sharp otherwise it could not be caused by the horn. Case was investigated by Sub-Inspector Ram Awadh Verma. He interrogated the witnesses inspected the place of occurrence and prepared the site plan Ex. Ka-4. On the basis of the medical evidence Sections 324 and 308 IPC were added. After his transfer the investigation was continued by PW-4 Mahadev Singh who was posted as Station Officer, Raniganj. After completing the investigation he submitted the charge-sheet Ex. Ka-2 against the accused.;