- (1.) This criminal revision has been filed against the judgment and order dated 25.5.1988 passed by the Sessions Judge, Jalaun at Orai whereby the conviction of accused appellant Ghana Ram u/s 323/34 and 324/34 IPC was upheld and accused appellant Ghana Ram was released on probation under the Probation of Offenders Act, 1958. But the conviction of accused appellant Shyam Nath was converted to Section 324 IPC simpliciter and 323/34 IPC and the conviction of accused appellant Shyam Lal under Section 323 IPC simpliciter and 324/34 IPC and their sentence of 6 months R.I. under Section 324 IPC and 3 months R.I. under Section 323 IPC were upheld.
(2.) The prosecution case as narrated in the first information report (Ext.Ka.1), in brief, is that a few days prior to the present incident dacoity was committed at the house of complainant Sheo Ram's uncle and Sheo Ram was a witness in the said dacoity case. On 21.1.1986 at about 7 a.m. when the complainant was returning to his house after easing himself, he reached in front of the house of Badri Gadariya in Village Barsar, within the local limits of PS Dakore, accused Shyam Nath alias Kariya armed with Kulhari, Shyam Lal with lathi and Ghana Ram with a Danda accosted him and advised him not to give evidence in the dacoity case. The complainant replied that he would say whatever he had seen and he would not become hostile. The accused got annoyed from this reply and showered abuses upon the complainant. Shyam Lal and Ghana Ram exhorted to assault him. Thereupon Ghana Ram caught hold of the complainant. Shyam Nath gave an axe blow on the head of the complainant whereas Shyam Lal gave a lathi blow to him. On the alarm having been raised witnesses Daya Ram Khachere and others arrived at the place of occurrence and rested the complainant and the accused persons then ran away saying that they would kill him in case he deposed in the dacoity case. The complainant went to the P.S. Dakore and at 12.05 p.m. he lodged oral report, the PS being ten kilometers from the place of occurrence. On the basis of the said report case u/s 324/504/506 IPC was registered. After necessary investigation the accused persons were charge-sheeted to face trial under the aforesaid sections.
(3.) The trial court framed charges under Section 323/34 and 324/34 IPC and 504 and 506(2) IPC. The appellants denied the charges framed against them and claimed to be tried.;