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ALLAHABAD HIGH COURT
M.C.Jain and M. Chaudhary, JJ.
State of U.P.
Versus
Parsuram Yadav
Government Appeal 683 of 1982
Decided On : 29 July 2005
Government Appeal 683 Of 1982
Injuries - Criminal Law - IPC Sections 307, 323, 325 - The judgment discusses the injuries sustained by the parties involved, the medical examination reports, and the conflicting versions of the incident. The court analyzes the credibility of the prosecution's case and the defense's version, ultimately finding the defense's version to be more probable. The appeal by the State is dismissed.
Fact of the Case:
The State appealed a judgment acquitting the accused of charges under IPC Sections 307 and 323. The case involved a dispute over mango plucking, resulting in injuries to the parties. Conflicting versions of the incident were presented by the prosecution and the defense.
Finding of the Court:
The court found the defense's version of the incident to be more probable, disbelieving the prosecution's case and evidence. The court highlighted the injuries sustained by the accused and the lack of credibility in the prosecution's version.
Issues: The key issues revolved around the credibility of the conflicting versions of the incident, the injuries sustained by the parties, and the lack of evidence supporting the prosecution's case.
Ratio Decidendi: The court analyzed the injuries, medical examination reports, and the probability of the defense's version of the incident. The lack of credibility in the prosecution's case led to the court's decision to dismiss the appeal by the State.
Final Decision: The government appeal was dismissed, upholding the judgment acquitting the accused.
( 1 ) THIS Government Appeal has been filed by the State from the judgment and order dated 15th of December, 1981 passed by Assistant Sessions Judge, Ghazipur in Sessions Trial No. 59 of 1980 State v. Parasu Ram Yadav and Ors. acquitting the accused of the charge levelled against them under Sections 307 and 323 each read with Section 34 IPC.
( 2 ) SINCE accused respondents Parasu Ram Yadav and Sheo Nath were reported having died the appeal against them stood abated vide order dated 13th of October, 2003.
( 3 ) BRIEF facts giving rise to this appeal are that at 10:30 a. m. on 10th of May, 1978 Dhruv narayan Singh lodged an FIR at police station Nandganj, District Ghazipur alleging that at about 9:00 a. m. that very morning his cousin Gantti Singh went to see his mango grove and found parasu Ram Yadav plucking the raw mangoes with the help of lathi; that then Gantti Singh asked him not to pluck the mangoes and that in the meanwhile Parasu Ram alongwith Poojan, Sheo nath and Bali Ram started giving him lathi blows. Hearing the shrieks of Gantti Singh his cousin dhruv Narayan Singh rushed for his rescue and then Parasu Ram and Poojan also gave him lathi blows. The said occurrence was witnessed by one Chander and Sarvajeet. The police recorded ncr under Section 323 IPC.
( 4 ) INJURED Gantti Singh and Dhruv Narayan Singh were got medically examined by Dr. Omkar narayan, Medical Officer in-charge, State Dispensary Nandganj, District Ghazipur between 11:05 a. m. to 11:35 a. m. that very noon.
( 5 ) MEDICAL examination of Gantti Singh revealed below noted injuries on his person.
1. Lacerated wound 8. 5 cm x 1 cm x bond deep on front of right side scalp situate antero posteriorly 8. 5 cm above the upper border of right ear. 2. Red contusion on the whole of left ear with lacerated wound 1. 3 cm x 0. 1 cm x skin deep anterior aspect of the middle of left ear. 3. Lacerated wound 2. 7 cm x 0. 2 cm x skin deep semilunar shaped on posterior aspect of the palm of right hand 3 cm below the right wrist joint. 4. Red contusion 12 cm x 3 cm on medical aspect of right thigh 13 cm above the right knee joint situate transversely. 5. Abrasion 1. 5 cm x 0. 5 cm on the skin of right leg 17. 5 cm below the right knee joint. 6. Red contusion 6 cm x 2. 5 cm on posterior aspect of left shoulder joint obliquely situate with abrasion 1. 2 cm x 0. 7 cm over it. 7. Lacerated wound 2 cm x 0. 2 cm x skin deep on the middle of left collar bone. 8. Haematoma 3. 5 cm x 2 cm on the scalp 2. 5 cm medial to injury No. 1 with linear abrasion 1. 4 cm over it. 9. Red contusion 5 cm x 3 cm on postero lateral aspect of left forearm just below the left elbow joint situate obliquely
The doctor opined that all the injuries were caused by some hard blunt object excepting injury no. 5 which was caused by friction against some hard object and all of within six hours in duration. Injuries No. 1 and 8 were kept in observation. The patient was referred to District hospital, Ghazipur for x-ray of his skull.
( 6 ) MEDICAL examination of Dhruv Narayan Singh by Dr. Omkar Narayan revealed below noted injuries on his person:
(1) Lacerated wound 6 cm x 0. 8 cm x bone deep on scalp situate obliquely 11. 5 cm above the upper border of right ear. (2) Lacerated wound 1. 2 cm x 0. 3 cm x bone deep on maxillary prominence of right side face 2. 5 cm below the lateral end of right eyebrow. (3) Red contusion 5 cm x 3 cm on posterior aspect of left forearm situate obliquely 9. 5 cm above the left wrist joint with abrasion 0. 5 cm x 0. 5 cm over it. (4) Red contusion 4. 5 cm x 3. 5 cm on antero medial aspect of right thigh situate obliquely 15 cm above the upper border of the patella of right knee joint.
All the injuries were caused by some hard blunt object and of all within six hours in duration and simple in nature. X-ray of the skull of Gantti Singh revealed fracture of parietal bone right side skull. Then the case was altered under Section 325 IPC vide GD entry No. 33 ( Ext Ka 6 )
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