Ravindra Nath Mishra, J. - (1.) This revision has been preferred against judgment and order dated 11.10.2006 passed by the Additional Sessions Judge/Fast Tract Court, Room No. VIIth, District Pratapgarh in Criminal Appeal No. 28 of 1999 confirming judgment and order dated 30.7.1999 passed by Judicial Magistrate, IIIrd, District Pratapgarh in Case No. 426 of 1995, whereby he has convicted revisionists-accused under Section 323 read with Section 34 I.P.C. and accused Ramdhan under Section 324 I.P.C.
(2.) Brief facts giving rise to this revision are that the complainant Bhageloo lodged an F.I.,R. on 26.1.1989 in Police Station Kandhi, District Pratapgarh by means of written complaint that on the date of incident he along with his family members was cutting "Sarpat" of Molai. Accused Ram Dhan, his wife Chamela Devi and his son Acheya Lal were also cutting "Sarpat" nearby. All of a sudden the accused persons came before the complainant and started cutting "Sarpat" where he and his family members were cutting. On questioning them for doing so they started beating the complainant, when his son Lalta Prasad and his wife Zaira Devi tried to rescue him, accused Ram Dhan attacked his son with "hansiya. They also beat his wife. On his hue and cry, Dinesh Pratap Singh, Kunwar Bahadur Singh and other villagers came in and rescued them. The injured persons were medically examined, on the basis of letters sent by the Police to Primary Health Center. Several injuries were found of their body. After investigation Charge-sheet was filed against accused Ram Dhan, Acheya Lal and Chamela Devi under Section 323, 324 and 325 I.P.C. Charged were also framed against accused persons under Section 323, 324 and 325 I.P.C. from which they denied and claimed to be tried.
(3.) In order to substantiate the charges framed against accused persons the prsecution examined PW-1 Bhagelloo, PW-2 Zaira Devi, PW-3, Lalta Prasad, PW-4, Dr. A.K.Srivastava, PW-5, Constable Om Prakash Shukla, PW-6 Dr. A.K.Nigam, PW-7, Dinesh Pratap Singh, PW-8, S.I. Maya Shanker. Statement of accused persons were also recorded under Section 313 Cr.P.C.;