ASHOK KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) I have heard Shri V.D. Dubey, learned Counsel for the revisionists, learned A.G.A. for Respondent No. 1 and Shri N.D. Shukla for the Respondent No. 2 on this revision and perused the record.

(2.) This revision has arisen out of judgment and order dated 13.2.2004 passed by Shri Lalta Prasad Pandey, Additional Sessions Judge, Court No. 3, Bhadohi at Gyanpur in Criminal Revision No. 120 of 1996, Sankatha Prasad v. Ashok Kumar Pandey and Ors. whereby revision has been allowed and the order dated 20.8.1996 passed by Additional Civil Judge (Junior Division), II Ird Gyanpur in Criminal Revision No. 198 of 1996, Sankatha Prasad v. Ashok Kumar, etc. has been set aside.

(3.) The brief facts arising out of the case are that Sankatha Prasad Pandey Respondent No. 2 of this revision instituted a Complaint Case No. 198 of 1996 against Ashok Kumar and others revisionists under Sections 323, 325, 504, 506 and 427, I.P.C. in the Court of Additional Civil Judge (Junior Division) II Ird Bhadohi with this allegation that on 22.5.1995 at about 8 a.m. accused persons, namely, Ashok Kumar etc. started to pluck mangoes from the trees of complainant and when Ashish son of complainant and his nephew Aloka Nand asked them to restrain from plucking mangoes, accused persons abused and assaulted complainant Sankatha Prasad Pandey and above persons causing grievous injuries to them as well as Lalman, who reached there to rescue them. The occurrence was witnessed by Hira Lal, Rama Shanker, Kamla Shanker, Jawahar Lal etc., who intervened and then accused persons threatening left the place of occurrence. The accused persons caused damage worth Rs. 3,000 to complainant by plucking mangoes.