- (1.) B. K. Sharma, J. This is an appeal against the judgment and order dated 14-11-1980 passed by Sri V. S. Kulshrestha, the then IVth Addl. Sessions Judge, Aligarh, in Sessions Trial No. 363 of 1978 convicting the appellants under Section 324/34, IPC and to pay a fine of Rs. 750/-each and under Section 323/34, IPC to pay a fine of Rs. 500/- each, in default nine months R. I. under Section 324/34, IPC and six months R. I. under Section 323/34, IPC and both the sentences making to run concurrently.
(2.) I have heard learned Counsel for the accused-appellants and learned Addl. Government Advocate and have also gone through the record. This appeal ought to be allowed. Admittedly, an incident took place on 6-4-77 at 12 Noon regarding 'mendh' in village Dhansari Ka Nala, police station Barla, district Aligarh. The prosecution FIR was lodged at the police station the same day at 3. 10 p. m. by Ram Swaroop (P. W. 2) against the present accused- appel lants Reoti, Megh Singh, Rajbir and Totaram, father of Reoti accused-appel lant, under Section 324, IPC. From the side of the prosecution, there were three injured, namely Ram Swaroop, Ganga Dean and Nirmal. Their injury reports are on record. Ram Swaroop had received a punctured wound on right side of fore-head and another punctured wound on left side of forehead and a contusion on back of right hand at the base of right index finer. Nirampal prosecution injured had received con tusions on his left forearm and right upper arm, a lacerated wound on back of right middle finger and an incised wound on his left index finger, as also an abrasion on his left temple. The third injured from the prosecution side, Gangadevi, w/o Ram Swaroop, had received dislocation of two right lateral (upper) incisor teeth and a contusion on right shoulder.
(3.) ALL the three prosecution injured were medically examined by the same doc tor promptly after the lodging of the FIR. There was a cross-case and a cross-version. The cross FIR about this occur rence was lodged by Reoti accused-appel lant. The defence FIR was lodged giving the same time and place of occurrence against Ram Swaroop (informant and prosecution injured), Sripal, Nirampal (both prosecution injured) and Niltva under Section 324, IPC on the same day of 3. 30 p. m. , i. e. following closely on the heeds of the prosecution FIR.;