- (1.) THIS revision has been preferred against the judgement and order passed on 29.07.1987 by Vth Additional Sessions Judge, Varanasi in Criminal Appeal No. 21/1986 affirming the conviction but reducing the sentence of all the accused under Section 323/34 I.P.C. from six months R.I. to two months RI and reducing sentence of Ram Achal from one year R.I. to 6 months R.I. under Section 325 I.P.C. passed by VIIIth Munsif Magistrate, Varanasi in criminal case no. 686/1985 and further sentencing to 6 months R.I. under Section 323/34 I.P.C. and sentencing Ram Achal to one year R.I. under Section 325 I.P.C.
(2.) BRIEF facts of the case is that the case was registered as a non -cognizable case on 26.08.1983 at 21:45 hrs. at P.S. Mirzamurad on oral report of the informant injured Kharpattu. Prosecution case in brief is that a case against the informant and the accused was in progress in the consolidation court in which case 26.08.1983 was fixed. The complainant and accused Ram Achal had gone to that court. On the same day the revisionist no. 1 threatened to assault the complainant, if he did not take a date in that case. On the same day at about 8:00 P.M. when the informant was at his door Ram Achal, Phool Chand, Deonath and Shyama Charan that hurling abuses and began to assault the complainant with lathies, fists and kicks. On his alarm his brother Kanhaiya Lal and the witness Rajpat reached there to save him resulting in injuries to Kharpattu and Rajpat. The witness Rama Shankar and Pyare Lal had seen this occurrence and the oral report of this occurrence was lodged on the same day on 21:15 hrs. The injured Kharpattu and Rajpat were medically examined on the next day on 12:40 Noon at S.S.P.G. Hospital, Varanasi and injuries were found on the body of both the injured. X -ray was also done which revealed that Rajpat sustained fracture thus the case was lodged under Section 325 I.P.C. vide GD Exhibit Ka -8. After investigation, I.O. submitted charge sheet against the revisionist under Section 323, 325, 504, 506, 312 I.P.C. Charges were framed against the accused persons who denied the charges and claimed trial.
(3.) IN support of the prosecution case PW -1, informant injured Kharpattu was examined, PW -2 was Pyara Lal, who is said to be eye witness, PW -3 Rajpat was also an eye witness, PW -4 was S.I. Sanjay Bishnoi, Dr. S.K. Singh was examined as PW -5, Dr. M.N. Chaturvedi, Radiologist was examined as PW -6 and Constable Chhedi Ram was examined as PW -7. The accused persons were examined under Section 313 Cr.P.C. The defence witness DW -1 Dr. C. Singh has proved the injuries of revisionist Ram Achal and Phool Chand. Learned lower court after perusal of all the evidences placed before it found the accused persons guilty and sentenced accused Ram Achal, Deonath, Phool Chand and Shyama Charan under Section 323/34 I.P.C. and accused Ram Achal under Section 325 I.P.C. sentencing all the four revisionist for six months R.I. under Section 323/34 I.P.C. and sentence of Ram Achal to undergo one year R.I. under Section 325 I.P.C, to all the accused persons were guilty for the charges punishable under Section 504 and 506 I.P.C.;