Neutral Citation No. - 2025:AHC:128079 Court No. - 84 Case :- CRIMINAL APPEAL No. - 1458 of 1985 Appellant :- Ram Kumar And Others Respondent :- State Counsel for Appellant :- K.C.Sinha,Vinay Kumar Singh Counsel for Respondent :- A.G.A. Hon'ble Subhash Chandra Sharma,J. Heard Sri Vinay Kumar Singh, learned counsel for the appellants as well as learned A.G.A. for the State and perused the material on record. This appeal has been filed against the judgment and order dated 17.05.1985 passed by the 5th Additional Sessions Judge, Muzaffar Nagar in S.T. No.327 of 1981 (State of U.P. vs. Ram Kumar and another) under Section 307/34 I.P.C., Police Station Phugana, District Muzaffar Nagar by which the learned trial court convicted the appellants and released them on probation under the Probation of Offender Act for a period of two years for keeping peace and of good behaviour. Appellant Satbir has already died, therefore, appeal has been abated on his behalf. Facts in brief are that on 04.12.1980 at about 5:00 P.M. the appellants are said to have caused injury to the complainant Shiv Kumar with knife. An F.I.R. was lodged as Crime No.204/1980 at 6:30 P.M., under Section 323/324 during the course of investigation. The case was converted under Section 307 I.P.C. and charge sheet was filed. After compliance of Section 207 Cr.P.C. the case was committed for trial. The learned trial court framed the charge u/s 307 I.P.C. read with Section 34 I.P.C. which was explained to them to which they denied and claimed for trial. The prosecution examined PW-1 Kabari, PW-2- Ramphal, PW-3 Shiv Kumar, PW-4 S.I. Fateh Singh, PW-5 Dr. P.M. Verma. PW-1, 2 & 3 are witnesses of fact who supported the prosecution version. PW-4, I.O. who proved the investigation and PW-5 Dr. P.M. Verma who conducted the medical examination of the injured proved the injuries on the person of the complainant and also the injury report. After hearing the arguments of prosecution as well as of the defence the learned trial court found the charges under Section 324 I.P.C. established beyond reasonable doubt against the appellants but charge u/s 307/34 I.P.C. could not be proved and as a result the appellants were convicted and sentenced u/s 324 I.P.C. The offence of the appellants being first they were released on probation for a period of 2 years for keeping peace and good behaviour against this order present appeal has been preferred. Learned counsel for the appellant argued that in this case the learned trial court has convicted the appellant no.1 Ram Kumar without appreciating the evidence on record in proper manner. There are material contradictions in the statements of witnesses making their testimony unreliable even though the learned trial court has held the appellant no.1 guilty which is illegal and beyond the material on record, therefore, request to set aside the judgment and order passed by the learned trial court and acquit the appellant no.1. Learned A.G.A. opposed the prayer as aforesaid and contended that the injured and other eye-witnesses have proved the case beyond reasonable doubt on the basis of which learned trial court has convicted and sentenced the appellant no.1. There is no any illegality in the order passed by the learned trial court. From the perusal of record and the order passed by the learned trial court, it appears that on 04.12.1980 at about 5:00 P.M. there was dispute between the appellants Ram Kumar and Satbir and the complainant Shiv Kumar regarding demand of Rs.130/- as arrears of cloth. During the course of altercation stab injury with knife was caused to Shiv Kumar by Satbir. The F.I.R. was lodged on the same day at 6:00 P.M. The injured Shiv Kumar was medically examined on 04.12.1980 at 8:00 P.M. by Dr. P.M. Verma in which four incised wounds were found on his person and injury report was prepared by him. PW-1 Kabari, PW-2 Ramphal & PW-3 Shiv Kumar/complainant were examined as witnesses of fact. They supported the prosecution version during their examination-in-chief and in the course of their cross examination they again affirmed their statements. PW-3 Shiv Kumar injured also supported the prosecution version and also the manner of causing injuries by the accused persons. PW-5 Dr. P. M. Verma also proved the injury report. The investigation was also proved by PW-4 S.I. Fateh Singh Patel. There no any such contradictions in the statement of the injured and other witnesses to make their testimony unreliable. The contradictions present in their testimony are minor in nature, therefore, the testimony of prosecution witness is wholly reliable. The learned trial court has appreciated the evidence on record in proper manner and convicted the appellants u/s 324 I.P.C.. There is no any error of fact or law in the finding as recorded by the learned trial court, therefore, the finding recorded by the learned trial court is, hereby, affirmed. The appellants were released on probation by the learned trial court for a period of two years for keeping peace and good behaviour, this can also not be said to be illegal or erroneous. Accordingly, this appeal being devoid of merit is, hereby, dismissed. Since the judgment was passed on 17.05.1985 and till now 40 years have elapsed and the time for which the appellants were directed to execute personal bond and two sureties in the like amount for keeping peace and good behaviour has also been passed, therefore, appellant no.1 is not required to execute fresh personal bond or surety in this regard. Copy of this judgment alongwith trial court record be transmitted to the learned court concerned for necessary compliance. A compliance report be sent to this Court within two months. Office is directed to keep the compliance report on record. Order Date :- 17.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad