- (1.) VIRENDRA Saran, J. The present State appeal has been filed against the order of acquittal dated 25. 2. 1983, passed by Sri N. K. Jain, Judicial Magistrate-1st Class, Gonda acquitting the accused respondents of the charges under Sections 323/34 and 325/34 I. P. C. and 506 I. P. C. in Criminal Case No. 253 of 1981.
(2.) MACHINERY of law was set in motion by Dinesh who lodged a First Information Report 7-6-1981 at 5-25 P. M. at Police Station Chapia, District Gonda. It was mentioned in that First Information Report that at about 2 P. M. , when he and his brother Rakesh and Ram Yagya were taking bath at the well respondents, namely, Chandra Bhan Misra arrived there with lathi and accosted them and asked them not to take bath at the disputed well. There was some talk between the victim and the respondent, Chandra Bhan Misra and thereupon they were assaulted with lathi. When the informant tried to intervene, the other respondents also arrived at and gave beating to the informant and his brother. Several other persons arrived and intervened and saved the informant and his brothers. A non-cognizable report of the incident was lodged but later on the case was converted one under Sections 323/34,325/34 and 506 I. P. C. After investigation the respondents were charge-sheeted by the police.
(3.) THE learned Magistrate framed the charges which were denied by the respondents and claimed to be tried. In support of its case, prosecution examined Dinesh (P. W. I) who narrated the prosecution case and proved the copy of the first information report. Ram Yagya (P. W2), Rakesh Pratap (P. W3) and Indra Deo (P. W4) were also examined in support of the prosecution case. Dr. S. R. L. Gupta, (P. W. 5) was examined to prove injury report. Ram Asrey Singh, S. I. (P. W6) is the Investigating Officer of the case.;