- (1.) Heard Sri Mohammad Waseem, learned counsel for the revisionists and the learned A.G.A.
(2.) This criminal revision is preferred against the judgment and order dated 19.6.2013, passed by A.C.J.M. (Court No.7), Bareilly in Criminal Case No. 1026/2011 (State v. Raju and another), convicting the revisionists for offences under Sections 323/34 IPC and directing them to undergo 6 months imprisonment with fine of Rs.500/- each and a default sentence of 15 days and under Section 324/34 IPC to 1 year R.I. with fine of Rs.500/- each and a default sentence of 15 days and the judgment and order dated 12.6.2015 passed by Addl. Sessions Judge, Bareilly in Criminal Appeal No.132/2013, dismissing the appeal.
(3.) The case of the prosecution is that P.W.-1 Kashi Ram, had made some advances to the revisionist/accused for purchase of paddy sapling, but he was neither given the sapling nor was returned the money; while he was returning on 30.7.2009 in a bullock cart at around 6 am, he is alleged to have inquired from the revisionist/accused for return of money, to which the accused hurled filthy abuses and revisionists Tuiya armed with lathi and Raju armed with katta, inflicted respective blows. On the oral intimation of P.W.-1, an NCR No. 87/2009 was registered at the police station concerned on 30.7.2009 at 7.50 am. The informant was subjected to medical examination on the same date at 10.23 am. Since the injury report reflected an injury attributable to a sharp-cutting weapon, case was converted into Case Crime No.322/2009 with the insertion of Section 324 IPC, which was also incorporated in the G.D. entry. Statements of witnesses were obtained and a site plan prepared. After investigation, a charge-sheet was submitted under Sections 323/324/504/506 IPC, cognizance taken, accused summoned and charges framed in the aforesaid offences. The accused denied the charges and claimed to be tried.;