KANTA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision, preferred under Section 397 of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 03.03.1987, passed in Criminal Appeal No. 09 of 1985, by learned Sessions Judge, Dehradu!1, whereby judgment and order dated 11.02.1985 passed by Chief Judicial Magistrate in Criminal Case No. 1992 of 1982 has been upheld and conviction under Section 323 and 452 of Indian Penal Code. 1860, has been maintained. Learned Sessions Judge. had, confirmed the sentence passed against Sundari Devi and Jagdish but as against Kanta Prasad, it has been modified and reduced to the period of jail already undergone and fine of Rs. 500/ - under Section 452 and Rs. 300/ - under Section 323 of the Indian Penal Code.

(2.) PROSECUTION story in brief is that on 10.09.1982, at about 4:00 P.M., the revisionists (accused) entered into the house of Mehar Chandra and assaulted Smt. Kanti Devi (W/o Mehar Chandra), Km. Babita (D/o Mehar Chandra) and Rajendra (S/o Mehar Chandra). The said accused (revisionists) entered into the house of Kanti Devi, armed with dandaas and hockey. Kania Prasad was said to have armed with hockey while other two were armed with dandaas. On hearing the cries of the injured, P.W 4 (Dhoom Singh) and P.W 5 (Megh Pal), rushed to the scene of occurrence and saved them. Rajendra gave information of the incident to his father Mehar Chandra (P.W 1), who got the F.I.R. lodged with the Police Station at about 4:30 P.M. on the same day. P.W. 6, Dr. P.K. Gupta, examined the injured and following injuries were found by him:

(3.) THE Investigating Officer, Shri S.C. Sharma (P.W.7), after investigation submitted charge sheet against all the three accused namely, Kanta Prasad, Smt. Sundari Devi and Jagdish alias Budhu. After giving necessary copies and hearing the parties on charge, the Magistrate framed charge under Section 452 and 323 of Indian Penal Code against all the three accused, who denied the charge and claimed to be tried. Learned Magistrate, after recording the evidence of prosecution as well as that of the defence in which D.W. 1 P.D. Kestwal and D.W. 2 H.C. Surendra Mohan were examined,' found all the three accused guilty of offence punishable under Section 452 and 323 of the Indian Penal Code, 1860. After hearing on sentence, the learned Magistrate sentenced each of the accused to one year rigorous imprisonment under Section 452 and three months rigorous imprisonment under Section 323 of the Indian Penal Code. However, the Magistrate gave the convict Jagdish Prasad and Sundari Devi benefit of provision under Section 4 of Probation of offenders Act, 1958, on the condition that they would file personal bond of Rs. 2,000/ - and furnish two sureties each of the like amount for keeping good conduct for one year.