PALA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sushil Kumar Pandey, learned counsel for the accused-appellant and Sri Ravi Singh Parihar, learned A.G.A. for the State.

(2.) The present appeal has been preferred against the impugned judgment and order dated 21.12.1985 passed by learned 3rd Additional Sessions Judge, Muzaffarnagar in S.T. No. 210 of 1984 ( State vs. Pala and Others ), under Sections 307 / 34 IPC, Police Station Titavi, District Muzaffarnagar, whereby accused appellant Pala has been convicted under Section 324 IPC and sentenced to fine of Rs. 4,000/-. In default of payment of fine, he has to undergo one year imprisonment.

(3.) According to prosecution version there was enmity between the parties over the issue of a wall. It is alleged that due to that animosity, on 16.11.1983 at around 5.30-5.45 PM, accused-appellant Pala along with co-accused Phool Singh, Ram Pal and Vir Singh, armed with lathis and 'tabal' came at house of complainant Chandan Singh and accused-appellant Pala gave a 'tabal' blow at neck of complainant's brother Ramphal (PW-3) with intention to kill him, whereas co-accused persons assaulted him with lathis and sticks.