RAM SOCH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision has been preferred against the judgment and order dated 21.03.1990 passed by Sessions Judge, Ballia in Criminal Appeal No. 32 of 1987 (Ram Soch Vs. State of U.P.) arising out of Criminal Case No. 04 of 1987 (State of U.P. Vs. Ram Soch and another) whereby the appellate court has dismissed the appeal and the trial court has convicted the accused Ram Soch under Section 324 I.P.C. and granted the benefit of Section 4 of the Probation of Offenders Act.

(2.) CASE in brief is that on 23.08.1983 at about 08:00 A.M. Sheo Dutt was ploughing in his field. Accused Ram Soch accompanied with his brother Satya Narain armed with bhala came and asked Sheo Dutt not to plough the field. Sheo Dutt said that he is ploughing his own field. At this asking Satya Narain, Ram Soch assaulted Sheo Dutt with bhala. Sheo Dutt fell down. On the hue and cry of Gopal, the village people came on the spot who saved Sheo Dutt. The first information report was lodged on the same day and after investigation, the Investigating Officer submitted his charge sheet.

(3.) CHARGES were framed against the accused who denied the charges and claimed trial.