RAM KISHORE @ KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision has been filed by the revisionists against the judgement and order dated 5.2.1990 passed by the District and Sessions Judge, Banda in Criminal Appeal No. 57 of 1989 whereby judgement and order dated 27.10.1989 passed by the Third Additional Munsif Magistrate, Banda in Criminal Case No. 332 of 1989 convicting and sentencing the revisionists under Section 325 IPC for a period of one year rigorous imprisonment and with a fine of Rs. 100/ - and in default of payment of fine, ten days' rigorous imprisonment and also for the offence under Section 323 IPC one month's rigorous imprisonment to each of the revisionists has been affirmed.

(2.) SINCE revisionist no.2 Bukka son of Chhotey has died during pendency of this revision and the revision against him has been abated, therefore, this court is proceeding to decide the revision against the revisionist no.1 Ram Kishore alias Kishore son of Raghu Nath only.

(3.) BRIEF facts of the case are that on 14.2.1987 at about 10.00 p.m. when informant Shiv Prasad was milking his buffalo, four persons, namely, Kishora, Munnilal, Ram Nath and Bukka armed with lathees reached there and asked him not to depose before the Court against them, when Shiv Prasad refused to do so, they began to beat him with their lathees, resultantly, he received injuries. The incident was seen by witness Hiralal and Chunna. Initially, on the basis of information given by Shiv Prasad, non -cognizable report for the offence under Section 323 IPC was entered in the relevant register and later on on the basis of medical report, case was converted for the offence under Section 325 IPC. Injured was medically examined on 15.2.1987 and X -ray examination was also done and a fracture of parietal bone of skull was found. After investigation, charge -sheet was submitted by the Police. The trial court framed charges against accused persons and afforded opportunity to adduce evidence. On denial of the accused persons, prosecution examined PW -1 Hiralal, PW -2 Chunna as eye witnesses, PW -3 Dr. S.K. Saxena, who had medically examined the complainant, PW -4 Constable Shyam Lal, PW -5 Dr. M.C. Mittal, who had conducted X -ray examination. Prosecution has also examined the Investigating Officer Ram Lakhan Singh. Prosecution has proved the First Information Report (in short 'FIR'), X -ray report, injury report, site plan, charge -sheet. The trial court also recorded the statement under Section 313 Cr.P.C. of the accused persons. No evidence has been adduced by the revisionists/ accused persons before the trial court. After hearing the parties, the trial court vide judgement and order dated 27.10.1989 found guilty to the revisionists for committing offence under Section 325 IPC and 323 IPC and awarded sentence, as mentioned above.