- (1.) THIS revision has been preferred against the judgment and order dated 13.06.2006 passed by the learned Additional Sessions Judge, Court No. 1, Sonbhadra in Criminal Appeal No. 9 of 2004 (Ram Awadh alias Munakka Singh vs. State of U.P.) confirming the judgment and order of Additional Chief Judicial Magistrate, Sonbhadra dated 05.08.2004 passed in Case No. 1324 of 2003 (State vs Ram Sagar and others) convicting the revisionist under section 324 IPC and sentencing him to one year's rigorous imprisonment and a fine of Rs. 500/ - with defaulting clause.
(2.) THE prosecution case is that the complainant and the injured belonged to the same village Chatra, police station Pannuganj, disrict Sonbhadra. On 15.08.1991 at 11.00 a.m., the injured Ram Kushwaha was ploughing his fields. While ploughing his fields his ox went into the fields of Sagar Singh, Sagar Singh started abusing Ram Kushwaha. When Ram Kushwaha requested him not to abuse, the accused Ram Awadh @ Munakka Singh armed with gandasa, Bharat Singh and Sagar Singh armed with lathi and danda assaulted Ram Kushwaha with fists and kicks and lathi and danda. On hue and cry, Mahesh Kushwaha and Shyam Lal Kushwaha came on the spot and witnessed the occurrence and saved the injured. The accused threatened to kill the injured. A report was lodged at the police station, at which investigation started and charge sheet was submitted under sections 324, 504 and 506 IPC.
(3.) CHARGES were framed against the revisionist under sections 324, 504 and 506 IPC. The accused -revisionist denied the charges and claimed to be tried. The prosecution examined PW -1 Shri Ram, PW -2 Dinesh Kumar, PW -3 Dr. I. Ahmad and PW -4 S.I., Harivansh Pathak.;