- (1.) G. S. N. Tripathi, J. This revision arises out of judgment and the order-dated 24-4-96 passed by the learned Sessions Judge, Budaun in Criminal Appeal No. 57 of 19v4, Ram Dayal v. State of U. P. By this order, the learned Sessions Judge has dismissed the appeal filed by the accused revisionist and thereby he confirmed the order and judgment passed by the learned IIIrd Additional Chief Judicial Magistrate, Budaun on 2-12-94.
(2.) THE learned IIIrd Additional C. J. M. , Budaun had found the accused guilty on a charge under Section 323, IPC and sentenced him to 6 months R. I. and to pay a fine of Rs. 500. On failure to pay the fine, the accused was awarded 3 months additional S. I. THE accused was further found guilty on a charge under Section 325, IPC and was sentenced to undergo S. I. for a period of 2 years and to pay a fine of Rs. 500. On failure to pay the fine, 3 months' additional S. I. was awarded. The incident took place on 8-8-1988 at about 5 p. m. The accused Ram Dayal was digging earth and placing the same on his from the field of the victim Roshan. When Roshan objected, he was belaboured by the accused with kicks and fists. His wife Smt. Ram Devi came to his rescue. She was severely pushed away, whereby she received fracture in her forearm and wrist. Other witnesses arrived later on and the situation was saved. The F. I. R. was lodged on the following day at about 9. 30 p. m. The distance of the police station from the place of occurrence has not been noted.
(3.) THE lady Smt. Ram Devi, PW 2 was medically examined. Swelling was found around her wrist. THErefore, radiological opinion was obtained. THE Radiologist report was that on the wrist joint, there was swelling and underneath, there was a fracture of radius. The Investigating Officer, after usual performance and, investiga tion, laid down the charge sheet against the accused.;