- (1.) J. C. Mishra, J. This revision is directed against the judgment and order dated 30-9-83 passed by the Additional Sessions Judge, Gyanpur, Varanasi upholding the conviction of the revisionists under Sections 323/149, 324/149, 307/149,147,148, IPC by reduc ing the sentence under Section 323/149, IPC from one year to six months recorded by the Assistant Sessions Judge, Gyanpur, Varanasi.
(2.) SHORN of necessary details the prosecution case is that the revisionists on 22-6-77 at about 10-11 O'clock formed an unlawful assembly at the door of Mukund Shankar and assaulted Daya Shankar and Vijay Shankar with lathi and Prabha Shankar and Vijay Shankar with Ballam, The prosecution case is that the informant Mukund Shankar and accused persons are collaterals and they were on litigating, terms for a period of 16-17 years. On the eventful day Mukund Shankar and his brother Prabha Shankar, Hriday Shankar and cousin Vijay Shankar were levelling earth on western Sahan of their Ahata. In the meanwhile the accused persons ar rived, Batuk Nath and Ram Krishna had Ballam whereas other accused had lathi. On the exhortation of Baikunth Nath the accused persons fell upon and caused in juries. Ram Krishna and Baikunth Nath with intention to commit murder inflicted Ballam injury to Prabha Shankar. Hriday Shankar and Vijay Shankar sustained lathi injuries. Vijay Shankar also sustained Bal lam injuries. It is alleged that Hriday Shankar wielded lathi in defence. After the escape of the assailants Prabha Shankar, Hriday Shankar and Vijay Shankar were carried to Gyanpur hospital while they were medically ex amined and admitted as indoor patient. Prabha Shankar who had received two in cised wounds and penetrating wound in the abdomen was referred to Varanasi. Vijay Shankar had suffered an incised wound and an abrasion. Hriday Shankar h id received two contusions. After the registration of the case investigation followed. After observing formalities of investigation the Investigat ing Officer submitted charge-sheet against the accused.
(3.) THE defence case was that on the eventful day the injured Mukund Shankar, Prabha Shankar, Hriday Shankar, Vijay Shankar, Brahmadeo was placing earth at the door of Batuk Nath and on his protest they armed with lathi and ballam started assaulting Batuk Nath. Shambhu Nath from the accused side also suffered in juries. THEy were medically examined. Batuk Nath had received an incised wound whereas Shambhu Nath had suffered three contusions. The prosecution examined Mukund Shankar (PW-1), Prabha Shankar (PW-2), Hriday Shankar (PW-3), Ram Singar (PW-4), Dr. N. D. Burman (PW-5), S. I. Ram Chandar Singh (PW-6), S. I. Mohammad Zuha Khan (PW-7), Dr. P. K. Tandon (PW-8), Constable Moiz Ahmad (PW-9 ). The accused adduced no evidence.;