G.S.N.Tripathi, J. - (1.) -Vllth Addl. Sessions Judge, Agra, vide his judgment and order dated 14th September, 79 in S.T. No. 140 of 1977 State v. Ramesh and three others convicted the accused Ramesh, Pappu alias Om Prakash and Dal Chand on a charge under Section 323, read with Section 34 IPC. They were sentenced to undergo one year's R.I. They were further convicted under Section 325, read with Section 34 IPC and sentenced to undergo 18 months R.I. Both of the sentences of each of the accused were ordered to be run concurrently. Smt. Resham was also convicted under the aforesaid heads of the charges but considering her to be a lady, the learned Addl. Sessions Judge ordered her to execute a personal bond in a sum of Rs. 1,000/- with two sureties of the like amount to keep peace and to be of good behaviour a for a period of 18 months under Section 4 of the First Offenders (Release on Probation) Act. In case of default of the said bond, Smt. Resham accused was ordered to suffer R.I. for a period of one year under Section 323/34 I.P.C. and further one year under Section 325/34 I.P.C.
(2.) The prosecution case started on the basis of an F.I.R. exhibit Ka-5 lodged by Ganga Vishun at P.S. Fatehpur Sikri, Agra on 9.7.74 alleging that on that date at about 9.30 p.m., he was sleeping at his house when the accused Ramesh, Pappu alias Om Prakash and Dal Chand and Smt. Resham aforesaid arrived there all of a sudden and started assaulting him. At teat time, the complainant was resting. Alarm was raised. Hearing which, the complainant's son and wife arrived to the rescue of the injured. But were assaulted by the accused. Thereafter, accused also damaged the tiled roof of the complainant and bolted away after the witness arrived.
(3.) The case was initially register under Sections 323/506/426 IPC.;