- (1.) THIS revision has been preferred against the judgment and order dated 14.09.1990 passed by the learned Additional Sessions Judge/ Special Judge (E.C. Act), Ballia in Criminal Appeal No. 45 of 1986 (Bechu and three others vs. State of U.P.) arising out of judgment and order dated 31.07.1986 passed by the IVth Additional Munsif Magistrate, Ballia in Criminal Case No. 768 of 1986, under sections 323, 324 and 325 IPC, whereby the appellate court setting aside the conviction and sentence under sections 325/34 and 324/34 IPC maintained the conviction and sentence under section 323 IPC for a period of six months' rigorous imprisonment.
(2.) BRIEF facts of the case are that on 26.02.1983, the complainant Dina Nath and his companion were plaughing their fields, suddenly Hira Lal alias Hari lal, Sukh Lal, Bechu and Harish Chandra came there armed with lathi, danda and knives and diverted the water towards their fields. When they were asked not to do so, Hira Lal alias Hari Lal, Bechu Lal, Harish Chandra started assaulting the complainant and others by means of lathi and danda and Sukh Lal assaulted them with knife. Ram Chiz assaulted the complainant's aunt (Chachi) Smt Budhiya. Witnesses present on the spot, namely, Triveni, Ram Prasad and others came there and saved them. Report was lodged. After investigation, Investigating Officer submitted the charge sheet.
(3.) CHARGES under sections 323, 324 and 325 IPC read with section 34 IPC were framed against the accused, who pleaded not guilty and claimed to be tried. The prosecution examined PW -1 Dina Nath, PW -2 Triveni, PW -3 Budhiya, PW -4 Ram Chiz, PW -5 Ram Prasad, PW -6 Dr Harihar Upadhyaya, PW -7 Anugrah Singh, PW -8 Dr S.K. Singh, radiologist.;