- (1.) P. K. Jain, J. This revision is dire cted against the judgment and order dt. 8-6-94 passed by Sri J. S. Yadav HI Addi tional Assistant Sessions Judge, Rookee, Saharanpur, in Sessions Trial No. 309 of 1981 State v. Baru and others under Sees. 147,148,307,324 & 325, IPC P. S. Roorkee, Saharanpur (now district Haridwar) ac quitting the accused opposite parties of the charges under the aforesaid sections.
(2.) THE incident is said to have oc curred on 17-2-81 at 1. 00 p. m. in Sandhori, a hamlet of village Jaurasi, within the local limits of Police Station Roorkee. THE complainant's party comprising of Kalian, Maqsood S/o Kalian and Ali Hasan brother of Kalian and the accused persons, Kura, Baru, Mustquim, Saleem, Barkat and Iqbal have their fields adjacent to each other in Sandhori. On the date of incident Maqsood, Kalian and Ali Hasan were busy in their field in doing some earth work. Accused persons among whom Kura was armed with a Tabal and rests with Lathis, arrived at the scene of occurrence and started showering abuses upon the complainant's party. On the exhortation of Kura, the accused persons started assaulting complainant's party. Kura gave Tabal blow on the head of Kalian and the remaining accused persons assaulted complainant's party with lathis. Witnesses Safi, Hanif, Jinda and Shaukat etc. were attracted to the scene of occurrence. It is alleged that Maqsood and others had used phavra (spade) in their self-defence. Ac cording to the first information report Kalian, Maqsood and Ali Hasan had received injuries. THEy were taken to Manglore hospital where they were medi cally examined. THEreafter, written report (Ex. Ka-1) was got scribed by Safi (PW-1) and was sent to the Police Station, Roorkee through one Tahir alongwith medical examination report. On the basis of this report a case under Sections 147/323/324, IPC was registered. The injured were medically ex amined by PW-8 Dr. N. D. Arora, the then Medical Officer, Manglore Dispensary, between 3. 00 p. m. and 4. 00 p. m. Following injuries were found on the person of each of the injured. KALIAn (1) Incised wound on the scalp 6 cm x 5 cm x 2 cm bone deep. Profuse bleeding taking place. The injury was in the middle of scalp, 14 cm away from left ear. (2) Contusion on the abdomen running oblique on right chest 17 cm x 5 cm away from right nipple 14 cm above and 2 cm away from naval to right side. (3) Contusion on left thigh front side above knee joint 6 cm x 2 cm x obliquely running, diffuse swelling. Marked tenderness. Bone impaired. Shaft of femur fracture. Advised X' Ray. (4) Contusion of left thigh front side obli quely running downwards 9 cm x 2. 14 cm away from left knee joint. (5) Complains of pain in the abdomen. General condition is low. In the opinion of the doctor all the injuries were fresh. Injury No. 1 was simple and caused by sharp edged weapon but kept under observation. Rest injuries were caused by blunt weapon. Injuries Nos. 3 and 4 also kept under observation. ALI HASAn (1) Lacerated wound, scalp left side 4 cm x 5 cm on right side running anterior to posterior 9 cm away from right pinna. Blood is oozing. (2) Contusion on the left shoulder supe rior surface 6 cm x 5 cm front backward 5 cm away from left shoulder joint. (3) Abrasion right scapular region 4 cm x 1 cm above downward 11 cm away from right shoulder joint. (4) Scratch mark on right scapular region 2 cm x 2 cm above downward 2 cm away to right side injury No. 3. (5) Swelling on the right forearm 2 cm x 2 cm above lacerated wound on dorsum of the hand 5 cm away from right wrist joint with suspected fracture of radius and plan. Advised X'ray. (6) Contusion on the right thigh front from above downwards 1 cm x 2 cm, 16 cm away from right knee joint. All the injuries were fresh. Injury No. 3 was caused by blunt weapon. Injury No. 5 was kept under observation. MAQSOOd (1) Diffuse swelling on the right shoulder. (2) Abrasion 5 cm x 3 cm on the surface of right dorsum. Base of right little finger 1 cm away. (3) Abrasion 3 cm x 3 cm base of right ring finger. Injury No. 1 was caused by blunt weapon. Injuries Nos. 2 and 3 were caused by nail-scratches. X'ray report of Ali Hasan disclosed fracture of ulna at lower part X'ray report was submitted by PW-5 Dr. U. C. Agrawal, a private Practitioner. During investigation the Inves tigating Officer visited the scene of occur rence and interrogated the witnesses of occurrence and after usual compliance of the formalities submitted charge-sheet against the accused persons.
(3.) THE trial Court framed charges against all the accused persons under Sec tions 147, 307, 325, 323/149 and 324/149, IPC. Accused Kura was further charged under Section 148, IPC. The accused persons denied the charges framed against them and claimed to be tried.;