B.K.SHARMA, J. - (1.) THIS appeal against the judgment and order dated 17-2-1989 passed by Sri Chhotey Lal, the then Special Judge (D. A. A.), Banda in Spl. Trial No. 52 of 1987, State of U.P. v. Yogendra Kumar and others, whereby he convicted all the accused-appellants Yogendra Kumar, Ram Murti, Raj Kumar and Maan Singh of the offence punishable under Sec­tion 394, I.P.C. and sentenced each of them under Rigorous Imprisonment for a period of four years.
(2.) HEARD learned Counsel for the par­ties. The informant in this case is Lal Bihari Agrawal. He was Store Keeper/Cashier of the Municipal Board, Atarra, district Banda on the date of occur­rence. The prosecution case is that on 4-10-1986, he had taken payment of Rs. 22, 770.22 p. from State Bank of India, Banda of the salary bill of the Municipal Board staff out of which he kept a sum of Rs. 10, 270.22 p. in the pocket of his Pat-loon and the rest amount of Rs. 12, 500/- in his bag and then come to Atarra and got down at Atarra Bus Stand from Bus and took his cycle from there and proceeded on it towards his office, that when he reached on the Rasta in front of Gauri Baba Marg near the house of Natthu Ram at about 3.00 p.m. all the four accused- appellants Raj Kumar, Ram Murti, Maan Singh and Yogendra Singh came out from behind the Tractor trolley armed with Tamanchas and assaulted him and holding the handle of the cycle felling him to the ground and started snatching his bag, that Yogendra Kumar accused-appellant fired twice and that the accused-appellants succeeded in snatching the bag along with a sum of Rs. 12.500/- which was in it, that the Badhi of the bag was left in his hands, that he raised an alarm whereupon Ram Sanohi Patel, Satish Awasthi, Rajendra Kumar Agrawal and others came there and chased the ac­cused-appellants but could not succeed in catching hold of any of them that from there he was taken by the witnesses to the local hospital but the doctor declined to treat him without an F.I.R., that after it he went to the Police Station and lodged there the F.I.R. scribed by himself, at 3.45 p.m., the distance of the Police Station from the scene of occurrence being 1-1/2 kilometers. On the basis of the written F.I.R., a case under Sections 394, I.P.C. was registered against all the accused-appel­lants at the Police Station, Atarra and the informant was sent to District Hospital, Banda for medical examination.
(3.) DR . K.C. Gupta, Medical Officer, District Hospital, Banda medically ex­amined Lal Bihari Agrawal informant the same day at 5.30 p.m. He found the follow­ing injuries on his person: "(1) Lacerated wound 3 cm x 1/4 cm x muscle deep over right side eye brow. Bleeding present. (2) Lacerated wound 2 cm x 1/4 cm x musue deep over right side upper lid, 1/2 cm below the previous injury. Bleeding present. (3) Contusion 4 cm x 4 cm over the upper and lower lid of the right Eye. Blue in colour. Sub-conjunctival Haemorrhage present. (4) Lacerated wound 4 cm x 1/2 cm x muscle deep over middle post and back of the skull. Bleeding present." In his opinion, Injury Nos. 1, 2 and 4 were simple. However, Injury No. 3 was kept under observation and X-ray was ad­vised, C.A. skull. The informant was referred to eye Surgeon for expert opinion. In his opinion the injuries are caused by hard and blunt object and their duration was fresh.;