- (1.) S. I. Jafri, J. The applicant, Iftekhar Ahmad has filed this revision against his conviction under Sections 323 and 325, I. P. C. by the lower appel late Court by his judgment and order dated 30-6-1982. The lower appellate Court partly allowed the appeal and affirmed his conviction under Sections 323 and 325,i. P. C. set aside the sentence of imprisonment recorded by the trial Court and also in addition to the award of trial Court's sentence of Rs. 100 as fine, he was sentenced to pay a fine of Rs. 200 on each of the counts and further he was directed to execute a personal bond for Rs. 2,000 and to furnish two sureties in the like amount to the satisfaction of the trial Court to keep peace and be of good behaviour for a period of two years. Out of the fine realised a sum of Rs. 100 each was ordered to be paid to Ekram Ali and Zubair Khalid injured in this case.
(2.) THE case of the prosecution is that on 2-12-1979 Iftekhar Ahmad left open the wether supply tap on the ground floor of his house and left away after locking the ground floor. THE complainant residing inside the first floor of the house with the result that the water did not reach the first floor in the accommodation of Iftekhar Ahmad. It is also alleged that on 3-12-1979 in the morning hours Iftekhar Ahmad along with his son Ansar Ahmad and brother-in-law Ehsan Ullah arrived whereupon Ehtram Ali sent his son Zubair Khalid to meet them and to ask them to close down the tap. THEreupon, the applicant along with Ansar Ahmad and Ehsan Ullah are said to have struck Ehtram Ali and Zubair Khalid with iron rods. On the alarm raised by the injured, Kamal Ahmad, Shakoor and Wasim Khan are said to have arrived. Ehtram Ali and Zubair Khalid were examined by the doctor in Balrampur Hospital same day. THE doctor found two scabbed abrasions one each on the right thumb and left forearm and two traumatic swellings one each just above the base of the right thumb and back of pinna of the right ear. On X-ray examination of the right forearm injury revealed fracture of the ulna. THE F I. R. was lodged on 6-12-1979 at 10 a. m. by Ehtram Ali against all the accused under Sections 325 and 323,i. P. C. including the applicant. After investigation charge-sheet was submitted against the applicant and two other persons Ansar Ahmad and Ehsan Ullah. During the trial the prosecution examined Ehtram Ali (P. W. 1), Zubair Khalid (P. W. 2) and Kamal Ahmad (P. W. 3) to prove the facts of the case as eye-witnesses of the occurrence. Dr. P. K. Shukla was examined to prove the injuries of the injured. On the consideration of the entire evidence produced in the case the learned Magistrate convicted the accused holding that no cogent and reliable evidence was proved in the case. However the learned Magistrate had covicted the applicant under Sections 323 and 325, I. P. C. and sentenced him to one month's R. I. and 3 month's R. I. respectivly. It was contended by the learned counsel for the applicant that there has been undue delay in lodging the F. I. R. by 3 days and this has not been explained in this case. It was further submitted that the witnesses had stated that the applicant and the co-accused Ehsanullah and Asrar Ahmad had caused injuries to Ihtram and Zuber Khalid. However, their statements were not found reliable by the trial Court. It was further submitted that no witness of the locality was examined in support of the prosecution case.
(3.) I have also heard the learned Counsel for the State at a great length and I feel that the prosecution has failed to prove the prosecution case satis factorily and under the circumstance the applicant is entitled to benefit of doubt. In the result, the revision is allowed. The conviction recorded by the Court below is set aside and the sentence of fine of Rs. 200 on each count against the applicant and the order directing him to furnish surety bonds for being of good behaviour of two years are set aside. Fine, if paid by the appli cant, shall be returned to him by the trial Court forthwith. Revision allowed. .;