- (1.) G. B. Singh, J. This is State appeal against the judgment and order dated 13-1-1982 acquitting Harnam Singh and Nawab Singh for the offences under Sections 307 and 307/34,i. P. C.
(2.) HARNAM Singh, respondent No. 1 is son of Nawab Singh, respondent No. 2. They are residents of Barkhera Police Station, Behta Gokul, district Hardoi. Ashok Kumar Singh injured is also a resident of that village. The case of the prosecution was that the respondents were on inimical terms with Ashok Kumar Singh. On 24-11-1979 at about 5. 30 p. m. while the injured was coming from his field and taking grass to his house, HARNAM Singh and Nawab Singh met him on way near the grove of Ahibaran Singh. Nawab Singh was armed with a gun whereas HARNAM Singh was carrying lathi. HARNAM Singh exhorted Nawab Singh to kill whereupon Nawab Singh fired his gun against Ashok Kumar Singh injured but it misfired. HARNAM Singh then started belabouring him with lathi. On the alarm raised, Ahibaran Singh and Unnu who were working in the neighbouring fields rushed and on their intervention he was saved. In the assault the injured received several injuries. Ashok Kumar Singh lodged a written report of the incident on the same day at Police Station Kotwali, Hardoi at 10. 00 p. m. On that report chik report was prepared and entry in the G. D. was made. The papers were then sent to the Police Station Behta Gokul. Ashok Kumar Singh injured was sent to District Hospital, Hardoi for medical examination. There his injuries were examined by Dr. S. N. Singh (K W. 3) on 25-11-1979. He found one incised wound, two contused swellings, six contusions, two abrasions, one abraided contusion and one traumatic swelling on different parts of the body of the injured. On X-ray, fracture of nasal bone under injury No. 1 and fracture of distal ends of 4th matacarpal bone of right hand and fracture of distal ends of 4th and 5th matacarpal bones under injuries found on left hand and right foot. These three injuries were grievous in nature and the other injuries were found simple. According to Dr. S. N. Singh the incised wound was caused by some harp edged weapon as its margins were clean cut and the other injuries were caused by some blunt weapon. X-ray of the injuries was taken by Dr. N. A. Khan, Radiologist (P. W. 4 ). S. I. Shakil Akhtar (P. W. 5) started investigation of the case on 15-12-1979. He inspected the place of incident, interrogated the witnesses and submitted the charge-sheet against the respondents.
(3.) ON behalf of the prosecution Ashok Kumar Singh (P. W. 1) and Ahibaran Singh (P. W. 2) were examined as witnesses of the occurrence. The accused-respondents denied that they assaulted Ashok Kumar Singh as alleged and stated their false implication on account of enmity. It had also been suggested by them that Ashok Kumar Singh is a man of loose character and perhaps was assaulted by some unknown persons in that connection.;