JAI PRAKASH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is the revision petition against the judgment and order dated 26.08.1987 delivered by Sri AL. Verma, the then VIIth Addl. Sessions Judge, Saharanpur in Criminal Appeal No. 335 of 1984 confirming the sentenced passed by the learned Judicial Magistrate, Roorkee u/s 452 and 323 I.P.C. The learned Sessions Judge convicted and sentenced them to undergo 1 year and 6 months rigorous imprisonment respectively.

(2.) FEELING aggrieved by said judgment and orders, the present revision has been preferred.

(3.) BRIEF facts for the disposal of this revision are that Shri Shyam Lal lodge F.I.R. against the accused alleging therein that the revisionists had committed theft from his house and the said theft property was recovered from the possession of the revisionists Jai Pakash (deceased) and the said prosecution was terminated in terms of the compromise, Thereafter, there was enmity in between the parties. Pursuant this on 19.03.1983 at about 3:30 p.m. the revisionists entered into the house of the complainant, Shyam Lal and they hurled abuses upon the brother and nephew of the complainant. When they protested, the revisionists entered into the house and started beating them by lathies and fists. Manfool and Satya Pal sustained the injuries in the said incident. The complainant lodged the report on the date of the incident and the police did not take any action in spite of lodging the report. Thereafter, complaint was filed before the Magistrate and the Magistrate took the cognizance and summoned the accused/revisionists.