- (1.) THIS revision has been preferred against the judgment and order dated 12.08.1988 passed by the Ist Additional Sessions Judge, Farrukhabad passed in Criminal Appeal No. 69 of 1987, confirming the judgment and order dated 18.11.1987 passed by the Ist Additional Munsif Magistrate, Farrukhabad in Criminal Case No. 650 of 1987, whereby the revisionists were convicted under section 324 IPC and sentenced to undergo one year's rigorous imprisonment.
(2.) BRIEF facts of the case are that a drainage to flow rainy water was being constructed by the Government from the side of village Prahladpur towards village Dobari. This construction of drainage was resisted by the residents of village Prahladpur. The labourers engaged in construction of the drainage left it incomplete. On 18.07.1980 when it rained heavily, the drainage got obstructed and water started flowing separately from the side of village Prahladpur. Shyam Lal, Dal Chandra, Beer Pal, Badley, Harish Chandra etc. diverted the flow of water by digging pits towards the village of complainant. As a result thereof, the fields of the complainant became prove to flood. There was danger to crop belonging to the complainant and other villagers. The complainant and his companions went to the place of occurrence and they insisted for removing the obstruction, thereafter some altercation took place. Shyam Lal, Ahalkar and Harish Chandra ran away from the spot. At about 2.00 p.m. Dal Chandra and Madho refused to remove the obstruction of flow of water. Thereupon Dal Chandra and his companions asked Beer Pal and Badley to beat the complainant and his companions. On exhortation, Beer Pal and Badley took out country made pistols and fired at the complainant. All the witnesses raised alarm but the accused ran away towards the village. The accused Dal Chandra was apprehended on the spot. The complainant lodged the FIR, on the basis of which investigation started. The Investigating Officer after investigation, submitted charge sheet against the accused persons.
(3.) CHARGES were framed against the accused, who denied the charges and claimed to be tried. The prosecution examined PW -1 Ram Saran, PW -2 Ashok, PW -3 Ram Autar, PW -4 Ratan Lal, PW -5 S.I. Lokendra Pal Singh, PW -6 Dr. K.K. Dagtyani.;