- (1.) A. N. Dikshita, J. Appellant Mohd. Nafees has preferred this appeal against the judgment and order dated 20-10-1983 passed by Sri H. P. Tripathi, XVI Addl. Sessions Judge, Kanpur in Sessions Trial No. 50 of 1983 (State v. Mohd. Nafees convicting and sentencing the appellant to 2 years' R. 1. under Section 333 I. P. C. , 1 year's R. I. under Section 332 I. P. C. and 6 months' R. I. under Section 504 I. P. C. . and a fine of Rs. 500 under Section 29 Police Act and in default thereof 2 months' R. I.
(2.) THE prosecution case in brief is that on 27-6-1982 at about 9/9. 30) a. m. , S. I. Chhotey Lal Chaturvedi was posted at the City Control Room, Kotwah. He was sitting in his office doing Government work. Head Constable No. 84 Sri Sobh Nath Singh was also sitting on the same table. Constable No. 1665 Mohd. Nafees was also posted in the City Control Room. He was drafted for V. I. P. duty to which he declined and wanted the S. I. In charge City Control Room. Sri Chhotey Lal Chaturvedi to send him for medical examination, and make the necessary ravanagi accordingly. Sub-Inspector Sri C. L. Chaturvedi informed Mohd. Nafees that he has been drafted for V. I. P. duty with Sri Ram Narain Pathak, Mthister for State of U. P. It was also pointed out by S. I. Sri C. L. Chaturvedi that it is Sunday and the Police Hospital must be closed and as such no medical examination can be effected. Flared-up on this refusal Mohd. Nafees hurled valgar abuses and gave slap and fists blows. S. I. Sri C. L. Chaturvedi tried to save himself. Personnel of the Police Force present in the Control Room, namely, S. 1. Laxmi Narain Singh, Head Constable Lalta Prasad, H. C. Sobh Nath Singh, Head Constable Hanuman Singh, S. L Gulab Singh, Constable Driver Shitla Prasad and others caught hold of Mohd. Nafees and took him out of the Control Room. THE Uniform which was worn by S. I. Sri C. L. Chaturvedi was torn and buttons of the uniform also fell somewhere. A written report of the incident was lodged by S. I. Sri Chhotey Lal Chaturvedi at the Police Station Kotwali on 27-6-1982 at 10. 30 a. m. Sub-Inspector Sri Chhotey Lal Chaturvedi aged about 45 years was sent for medical examination and following injuries were found in his person. Injuries: 1. Tr. Swelling just below right thumb 3 cm x 3 cm tenderness marked Advised X-ray. 2. Multiple abrasion in front of chest and neck over an area of 9 cm. x 4 cm. Opinion : injury (1) kept under observation. Injury (2) simple, all injuries caused by hard blunt object, fresh. Lateron Sri C. L. Chaturvedi, S. I. was sent for X-ray -examination. The X-ray report is as under : - "x - ray rt. hand A. D. of O. P. D. , Police case from dated 30-6-1982. M. I. : Black mole just above laterla and or left clavicel. Fracture 1st duefocapaul bone of rt. hand". The case was investigated and Mohd. Nafees was tried for offence under Sec tions 332, 333, 504 and Section 29 of the Police Act. In support of the prosecution case P. VV. 1 (S. I. Sri C. L. Chaturvedi) has corroborated the version in the F. I. R. . He has been put to a searching cross-examination but nothing emerged so as to discredit the testimony of this witness. The incident occurred at 9/9. 30 a. m. The First Information Report was lodged at 10. 30 a. m. His testimony stood unshaken. The suggestion that has been put to this witness on the face of it is incredible that because this witness had refused leave to appellant for 3 days and in view of the leave granted by Circle Officer, S. I. Sri C. L. Chaturvedi had become annoyed and had impli cated the appellant. Such suggestions apparently is unbelievable and deserves to be discarded. The appellant is a constable and a member of the disciplined force. On the day of the incident, he was deputed for V. I. P. duty by P. W. 1, S. L Sri C. L. Chaturvedi. It was pointed out to him that Sri Ram Narain Pathak Minister for State of U. P. is in the town and he has been drafted for duty with the said V. I. P. The appellant was deputed for his duty a day in advance but he was stubbornly resisting to join the duty and wanted that this witness P. W. 1 may send him to the police hospital. As it was Sunday, P. W. I Sri C. L. Chatur vedi told him that he would be sent to hospital the next day. Infuriated with such a refusal and to obey to the dictates of the appellant to send him to medi cal hospital, the appellant abused the senior officer and gave slap and fists blows. In order to save himself P. W. 1, S. Sri I. C. L. Chaturvedi raised his right hand a fists blow was given fracturing the bone of his thumb. Two buttons of the uni form were torn. This witness had received injuries on the right thumb and multiple abrasion in front of chest and neck over area of 9 cm x 4 cm. The evidence of this witness implicitly shows that he was given the abuses. I do not find any fact, or material, which may discredit the truthfulness of the testi mony of P. W. 1, S. L, C. L. Chaturvedi.
(3.) THE story of false implication as has been suggested by learned counsel for the appellant is wholly unconvincing. It is not expected that P. W. 1 S. 1. , C. L. Chaturvedi would go to the extent of 'falsely implicating the appellant in the case because in spite of his refusal to sanction 3 days' casual leave, he got it sanctioned from the Circle Officer. This is the entire defence of the appellant that because of such leave having been granted by Circle Officer, P. W. 1. S. I. , C. L. Chaturvedi had become annoyed and wanted to take revenge. THEre is no dispute that P. W. 1, S. L, C. L. Chaturvedi received injury in his thumb which caused fracture. P. W. 1, S. I. , C. L. Chaturvedi has withstood a quelling cross-examination but nothing could be extracted to discredit his testimony. I do not find any material, as stated above, to discard the testimony of P. W. 1, S. I. , C. L. Chaturvedi. P. W. 2, Head Constable, 1456, Kailash Nath had proved the lodging of the First Information Report and preparation of the letter for medical examina tion.;