- (1.) This revision has been preferred against the judgment and order dated 18.10.2003 passed by the Additional District & Sessions Judge/Special Judge, E.C. Act Court, Court Room No.9, Sultanpur, passed in Criminal Appeal No. 22 of 1999 (Ram Chander and Others Vs. State of U.P.), arising out of Criminal Case No.1451 of 1985, under Sections 323/34, 452 I.P.C., Police Station- Kotwali Nagar, District-Sultanpur, by which the learned lower court convicted the accused and sentenced them to undergo two years rigorous imprisonment and 500/- fine to each appellant under Section 452 I.P.C. and three months rigorous imprisonment and 200/- fine to each appellant under Section 323/34 I.P.C. with default stipulation was confined.
(2.) Filtering out unnecessary details, prosecution case is that on 14.10.1984 at about 3.30 p.m. day time, the revisionist Ram Chander, Dashrath, Guddu and Pappu were abusing the family members of the informant, when the informant asked them not to do so, the revisionist entered into the house of the informant with iron rod (Gahdala) and started beating him. Informant had received several injuries on different parts of body. The witnesses saw the incident and save the informant and his brother. Hence, the FIR was lodged, investigation was entrusted which turned into the chargesheet.
(3.) The prosecution examined six witnesses PW-1 is the informant (Ram Surat Mishra), who proved the written report as Exhibit K-1, PW-2 Ram Shankar Mishra, eye witness he is also said to be injured witness, PW-3 (Badri Nath) and PW-4 (Ram Sukh Mishra) are also said to be a eye witnesses, PW-5 (Geeta Pandey) is a head constable, who scribe a chik report, which was proved by the witnesses as Kxhibit-2, PW-6 Dr. R.K. Gupta, who examined to injured and proved the medical report as Exhibit K.6 and 7.;