- (1.) B. K. Sharma, J. This is an appeal against the judgment and order dated 8. 3. 1979 passed by Sri P. C. Agarwal, VII Additional Sessions Judge, Bulandshahar in S. T No. 361 of 1977, State v. Bipti and 6 others, whereby, he convicted Ranvir present accused-appellant of the offence under Section 324, I. P. C. and sentenced him to pay a fine of Rs. 1,000 and to suffer R. I. for a period of 6 months in default of payment of fine.
(2.) THE informant in this case is Ram Pal P. W 2. He and his father Ramphal P. W. 3 both were injured in this case. THE occur rence took place on 7. 7. 1973 at 8. 00 a. m. THE prosecution case is that at that time, the informant Ram Pal and his lather Ramphal were levelling their field in vil lage Gangahari RS. Aurangabad, District Bulandshahar, that at that time Ranvir accused-appellant and his companions Rajbhan, Mahipal, Birbal, Kartar, Salvir and Bipti and Surajmal deceased came there, that out of them, Ranvir accused appellant and Mahipal were aimed with Ballam, Kartar and Birbal were armed with Boori, Rajbhan, Salvir and Surajmal (deceased before the trial) were carrying Lathies and Bipti was carrying gun, that Bipti threatened that he would not allow anyone to come from the side of the village while Birbal exhorted to kill and Ranvir accused-appellant gave two Ballam blows on the body of Ramphal, each of which blows he suslained of his hands and then Mahipal gave him a Ballam blow in his chest and Rajbhan gave a Lathi blow which struck on his right wrist and accused per sons beat Rampal informant also, that on their alarm, Hukum Singh and Vijai Singh came to the spot and tried to save them. The F. I. R. about the occurrence was lodged by Ram Pal informant at the police station, the same day at 11. 30 a. m. on which basis, a case under Sections 147, 148, 324 and 323, I. P. C. was registered at the police station against Bipti, Ranvir, Suraj mal, Rajbhan, Mahipal, Kartar, Birbal and Satvir. The medical examination of Ram phal injured was made by Dr. G. C. Tripathi, Medical Officer Incharge, District Hospital, Bulandshahar at 11. 45 hours. He found the following injuries on his body: (1) Punctured wound 1-1/2cmx 1/2 cm x muscle deep on outer aspect of left upper arm 6 cm below top of shoulder. (2) Penetrating wound 1-1/2 cm x 1/2 cm x depth not probed appears chest cavity deep blood gushing out with respiratory excursions on front of chest mid line 14-1/2 cm below inter clavicular notch. (3) Lacerated wound 2-1/2 cm x 1/2 cm x muscle on anterior aspect front of right wrist. (4) Punctured wound 3 cm x 1 cm x muscle deep on inner bards of left palm 3 cm below wrist. In his opinion, injury No. 3 was caused by hard blunt weapon and the other injuries were caused by sharp edged weapon. The duration of injuries were fresh. Injury No. 2 was kepi under observa tion. Subsequently, injury No. 2 also turned out to be simple in nature. Rampal Singh informant was medieally examined by Dr. U. C. Sharma, Medical Officer, Primary Health Centre, Bulandshahar same day at 5. 5 p. m. He found the following injuries on his person: (1)Lacerated wound 3-1/2 cm x 1/2 cmx 1/2 cm on left side of scalp 10 cm above left ear at 10 clock position. (2) Abrasion 5 cm x 2 cm on the back of right forearm middle 1/3rd. (3) Abrasion 1/4 cm x 1/4 cm on the dorsum of right hand over radial half 4-1/2 cm infront of right wrist. (4) Abrasion 1/4 cm x 1/4 cm infront of right side of chest 3 cm below radial 1/3rd of right coller bone. (5) Lacerated wound 2 cm x 1/2 cm x 1/2 cm on the posterior aspect of left little finger 3 cm from its tip over proximal phalynix. In his opinion, injury Nos. 1 and 5 were caused by hard blunt weapon and rest of the injuries were caused by friction against hard surface. The injuries were simple in nature and their duration was about 1/4th day.
(3.) ACROSS F. I. R. was lodged by Ranvir present accused-appellant the same day at 12. 15 p. m. against Ramphal and Rampal prosecution injured and 5 more persons namely Chokhe, Atar Singh, Nem Pal, Jaipal and Kiran Pal about an incident of 8. 30 a. m. of the same day on the basis of which a cross ease was registered for the offences under Sections 147,148,323 and 324, I. P. C. The accused-appellant Ranvir was medically examined by the Medical Officer, Primary Health Centre Lakhawati on the same day at 11. 00 a. m. , having been brought there by himself (this was before lodging of the cross F. I. R. by him ). After committed charges were framed under Sections 147, 148, 307/149, 324/149 and 323/149 against the accused Bipti, Ranvir, Rajbhan, Mahipal, Kartar, Birbal and Satvir.;