GABBER Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 16.12.2010 passed by the learned Additional Sessions Judge/Fast Tack Court No. 5 Gonda in Sessions Trial No. 347 of 2009, arising out of Case Crime No. 136 of 2003, Police Station Itiyathok District Gonda whereby the appellants Gabbar and Bhola were convicted for the offence under Section 323/34 I.P.C. and were sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs. 1,000/ - each with default stipulation of three months additional imprisonment. They were further convicted for the offence under Section 308/34 I.P.C. and were sentenced to undergo rigorous imprisonment for a period of four years and also with fine of Rs. 2,000/ - with default stipulation of six months simple imprisonment.

(2.) THE case of the prosecution may be summed up as under: One Kashi Ram lodged an F.I.R. at Police Station Itiyathok on 30.9.2003 at 20:15 hours with the allegations that his nephew Shri Ram was playing with top (Lattu). During his play, the top jumped and hit appellant Gabbar. Feeling aggrieved thereby, appellant Gabbar started beating Shri Ram. Complainant Kashi Ram, his brother Ram Milan, his nephew Amrit Lal asked Gabbar not to beat Sri Ram then Gabbar and Bhola started beating Ram Milan and Amrit Lal with lathi and danda and caused them injuries. Seeing the incident Nepal and Ram Dev ran towards them, then these persons ran away from there extending threats of dire consequences.

(3.) F .I.R. of this case was scribed by one Ram Dev and lodged at the police station. Injured Ram Milan was medically examined on the same day at District Hospital, Gonda and following injuries were found on his person: - (i) Lacerated wound 4 c.m. x 1 c.m. x scalp deep on the right side head, 8 c.m. above right eyebrow. Kept under observation. (ii) Traumatic swelling 7 c.m. x 4 c.m. on the left ear. Patient was unconscious. Detailed examination could not be done. In the x -ray report, no bony injury was found. Likewise injured Amrit Lal was also examined on the same day. According to his medical examination report, following injuries were found on his person: - (i) Lacerated wound 4 c.m. x 0.5 c.m. x scalp deep on the left side head. 7 c.m. above left ear. (ii) Traumatic swelling 7 c.m. x 3 c.m. on the right forearm including elbow joint. Patient was unconscious, hence detailed examination could not be done. The injuries were referred for x -ray. However, in the x -ray report, no bony injury was seen.