RAM NAYAN Vs. STATE

JUDGEMENT

(1.) RAM Nayan, Neur and Raksha, brothers interse, residents of mohalla Kailashpati, police station Kotwali, district Basti have been convicted for the offences punishable under sections 324 and 323 IPC. Raksha has been convicted under sections 324 and 323/34 IPC. RAM Nayan and Neur have been convicted under sections 324/34 and 323/34 IPC.

(2.) THE case of the prosecution briefly stated was : Yakub PW 2 carried on a motor garage under the style Punjab Auto Engineering Works in mohalla Pilkaura in the town of Basti. THEre were some houses close to the garage. Yakub had filed a suit for ejectment of his tenants. THE appellants claimed that they were the owners of the house property in question. THErefore, there were strained relations between the appellants on one side and Yakub on the other. On 30-6- 1973 Yakub was getting a wall near his garage constructed by some labourers in the morning. At about 9 a. m. Raksha assaulted him with a lathi and Ram Nayan and Neur assaulted him with fists and kicks. Yakub received injuries. THE lathi of Raksha fell on the head of Yakub

(3.) THE appellants did not admit the allegations of the prosecution.