- (1.) KAMLESHWAR Nath, J. State of U. P. has preferred this appeal against the judgment and order dated 2-12-1977 thereby acquitting the respondents on the charges under Sections 397/324/34, I. P. C. and 394, 324/34, I. P. C. respectively passed by Sri M. C. Agarwal, V Additional Sessions Judge, Sitapur.
(2.) IN this case, the occurrence is alleged to have taken place on 4-12-1973 at 7 a. m. in village Brahman Kalan Police Station, Pisawan, District Sitapur. A written report of the occurrence was lodged at the aforesaid Police Station at 9. 30 a. m. On 4-12-1973 by Salammey Khan stating therein that while he was on his way to Sitapur armed with his rifle and a belt of cartridges at about 7 a. m. from his house and as soon as, he reached at the tri-junction of his village at a distance of about 40 paces from his house, the respondents accompanied by Tasadduq and Khadim attacked him. Accused Khadim who was armed with Kanta snatched his rifle which was at that time, suspended at his shoulder. At the same time, accused Lala Iqbal Bahadur armed with a gun and Tasadduq with Kamta also emerged from the house of accused Asghar, Iqbal Bahadur felled Salammey Khan on the ground and he and Tasadduq co-accused started snatching the belt of cartridges of Salammey Khan. On the alarm raised by Salammey Khan, his brothers Sadiq, Yunus, his servant Sharif and Wahid Ullah P. W. 3 were attracted to the scene of occurrence. Sadiq noticing the rifle in the hands of Khadim, grappled with him in a bid to retrieving the rifle whereupon Asghar accused delivered a Lathi blow to Salammey Khan and Khadim gave a Kanta blows to Sadiq. Thereafter, accused persons bolted away from the scene of occurrence taking away rifle and belt of cartridges belonging to Salammey Khan. During the course of occurrence, both Salammey Khan and his brother Sadiq sustained injuries. On the report lodged by Salammey Khan at the Police Station, a case was registered against the respondents and Khadim and Ttisa'iduq accused under Section 394, I. P. C. Salammey Khan and Sadiq injured were sent to Primary Health, Centre at Piswan at about 9. 30 a. m. but they could not be examined there as the Doctor at the Primary Health Centre was not available and consequently they were sent to Sitapur District Hospital where their injuries were medically examined.
(3.) DR. N. N. Srivastava, P. W. 6 examined the injuries on the person of Sadiq P. W. 3 at 7. 45 p. w. on 4-12- 1973 and the following injuries were found on his person. "1. Incised wound 3, 1/4" X 1/3" X scalp deep. Transverse 2" above the hair line in the front part of the scalp. 2. Incised wound 3" X 1/2" X bone in the centre of the scalp oblique and 1" behind injury No. '1. 3. Incised wound 3, 1/2" X 1/3" on the right side of the scalp x3, 1/2" above the right car. 4. Abrasion 1" X 3/4" on the front and lower part of left knee. " Salammey Khan injured was also examined by the same Doctor at 8. 45 p. m. and the following injuries were found on his person. "1. Swelling 1" X 1/2" on the outer side of right elbow. 2. Contusion 3" X 1/2" on the outer side of right ankle. Its colour was bluish and red. 3. Contusion 2" x 1/2'on the left buttock. The colour was bluish and red. The investigation in the case was taken up by P. W. 7 Jag Lal Prasad, Station Officer. He recorded the statements of the injured at the police station and after recording their statements, left for the village where he arrived at about 12. 45 p. m. and examined some witnesses there too. He also prepared site plan of the place of occurrence (Ex. Ka-11 ). He also made efforts to trace out the accused but they were nowhere found. Next day i. e. on 5-12-1973, respondent Lala Iqbal Bahadur was alleged to have been arrested by the police at about 2 p. m. from his village Bhakuraha and brought to the Police Station Piswan and put behind the lock up at 5. 30 p. m.;