- (1.) THIS revision has been preferred against the Judgment dated 4.6.1990 passed by the learned Sessions Judge, Varanasi in Criminal Appeal No. 45 of 1990 dismissing the appeal of the revisionist and thereby confirming the Judgment and order passed by the Second Additional Chief Judicial Magistrate, Varanasi in Criminal Case No. 642 of 1990 dated 27.3.1990 whereby the revisionist has been sentenced to undergo six months rigorous imprisonment under Section 323 and one year rigorous imprisonment under Section 324.
(2.) BRIEF facts of the case are that on 5.7.1987 at about 7.30 p.m. at police Station Moghalsarai, Varanasi, complainant Ram Lochan lodged an F.I.R. that on 5.7.1987 the revisionist had assaulted his mother Ram kali and sister -in -law Pushpa Devi with lathi and further also gave knife blows to Pushpa Devi. The occurrence had been witnessed by Dillu and Bullu. The motive behind this incident has been mentioned that there was a dispute of pattidari between the parties and on the date of occurrence, there was some dispute regarding Navratri Puja. The police investigated the case and submitted charge sheet against the revisionist. Charges were framed against the revisionist under Section 323 and 324 I.P.C. who pleaded not guilty and claimed trial.
(3.) THE prosecution examined P.W.1 Ram Lochan, P.W.2 Dillu, P.W.3 Pushpa Devi, P.W.4 Ram Kali and P.W.5 Investigating Officer Ram Sevak Yadav. The accused in their statement under Section 313 Cr.P.C. claimed to be innocent.;