G. M. LODHA, J. - (1.) THIS is an appeal by Roopi against his onviction and sentence recorded by the Addl. Sessions Judge, Bharatpur, which are as under: U/s 324 IPC - 1 year's R. I. with a fine of Rs. 200/- in default, 2 months' R. I.
(2.) THE accused-appellant, Roopi, has been acquitted for the offence under S. 307 IPC and another co-accused, Naval, has been acquitted of the offence under S. 307/34 IPC. The appellant Roopi, and Naval were committed to the court of Sessions for the offence under S. 307 & 307/34 IPC. The prosecution case was that Revati (PW 3), Bhagwan singh (PW4), Bhima (PW 7), Mansingh (PW 8) & Jiwan (PW9) were having their groundnut lying in the field of Kunwarsen for preparation. According to the version of Rewati (PW 3) on 2. 12. 74 in the day hours when he had gone to his house after entrusting Bhagwan singh (PW 4) to keep watch on the field. Roopi, Shivvo, Navalsingh, Bhagwansingh and two others duly armed with gun, country made gun, lathies, spaans, etc. in tractor and trolly, came to their field, and started talcing groundnut. Bhagwan singh (PW 4) stopped them from doing so and objected to, on which Navalsingh said that he must be killed. Roopi then took out country made pistol and fired at Bhagwan singh (PW 4) which hit on his right leg. Jiwan, Bhima and Manak chand alias Mansingh made noise and shouts on which Rewati (PW 3) and Brijkishore (PW 10) came there and saw the incident. The accused ran away on the tractor. At the police station Sowar, a case under S. 307 IPC was registered and investigated. On the medical examination of Bhagwan Singh (PW4), then following injuries were found on his person ; (1) 3 lacerated wound marks 1/8" 1/8" eaeh on the back of half around the tendo-schelium the oping have been sealed with a blood clot soft red. The depth of holes is varying from 1/8" to 1/2" injuries is on Rt. leg. (2) 6 lacerated wound marks 1/8* x 1/8" each on Rt. leg around madia melcolus on back side. The oping have been sealed with blood clots soft red the depth of holes varying from 1/8" to 1/2". (3) 7 marks on the outside of Rt. fort with lacerated wound 1/8" x 1/8* each varying in depth for size 1/8" to 1/2" with soft blood clots. Rosecution witnesses were examined by the pRosecution and the accused examined 4 witnesses in defence.
(3.) THE trial court came to the conclusion that the prosecution story so far as its origin is concerned is not believable. THE trial court also came to the conclusion that all the other witnesses except Bhagwansinah (PW 4) were not present on the spot and their presence is very doubtful, and that, the accused persons would have come duly armed with one or two country made pistols alongwith other armed persons, for taking only 6-7 lorries of groundnuts of Revati but, it has not categorically come in evidence that they had come only to take the groundnuts of Revati. THE trial court has also disbelieved the defence version that 20-22 persons armed with lathel weapons attacked the accused party. The trial court believed that Roopi received three injuries on his leg and nose, and, therefore, this defence theory is not probable. In para 15 of the judgment, the trial court came to the specific finding that the genesis and the origin of the incident are not known and both the parties have concealed the truth from the court. The trial court then relied upon the judgment in Atule Vs. State of U. P/ (1) and Nachittar Vs. State of Punjab (2) wherein it has been observed that even if the prosecution fails to prove the motive, the entire case need not be thrown out. ;