MADAN Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal has been filed against a judgment and order dated 10.3.1983 passed by the learned Additional Sessions Judge, Agra in S.T. No. 154 of 1982 under Section 308/34 IPC, Police Station Chhatta, District Agra whereby the learned Judge convicted and sentenced all the appellants to three months rigorous imprisonment and a fine of Rs. 150/- each under Section 323 read with Section 34, IPC.

(2.) The brief facts of the case are that a first information was lodged by the first informant Diwan Singh, who was examined as PW-2 in this case to the effect that while he was going to market taking milk from his house and when he reached near the rivulet, the accused were hiding there. Accused Madan was armed with country made pistol and rest were carrying lathi. Accused Madan instigated the other accused that Diwan Singh has lodged report against them, catch and beat him. Thereafter accused-Madan fired with his country made pistol, which missed. Thereafter, other accused namely Mukesh, Ramesh and Sunder Lal assaulted him with lathi. On the shrieks of the informant, the witnesses rushed to the spot and saved the informant.

(3.) After the registration of the case, the investigation of the case was entrusted to PW-6, SI- Ram Prakash Tiwari, who investigated the case and submitted charge sheet against the appellants under Section 308/34, IPC.