RAJA RAM PANDEY Vs. STATE

JUDGEMENT

(1.) THE applicants have been convicted under Sections 324/34 and 323/34 IPC and sentenced to one year's RI and six months RI respectively by the Illrd Munsif Magistrate, Allahabad. THEir conviction was maintained in appeal by the Sessions Judge, Allahabad. THE sentence of imprisonment was set aside, and instead they were ordered to pay a fine of Rs. 100/- each for the offence under Section 324 IPC and Rs. 100/- each for the offence under Section 323 IPC. Hence this revision.

(2.) THE case for the prosecution is that there was enmity between the complainant Aditya Prasad and his cousin Raja Ram in respect to plot no. 330 in Consolidation Courts. THE accused had approached the complainant to give his statement is his favour, which was refused. On 23rd May 1974 at about 5 AM the complainant, after easing himself, was sitting on the Pulia situate to the east of his village. THE accused came there. Raja Ram was armed with a lathi. Rama Kant had a Kanta. Shiama Charan as armed with a lathi. Raja Ram asked the complainant for a compromise in the matter. He refused. On the exhortation of Raja Ram the accused persons started beating the complainant. It is said that the complainant caught hold of the Kanta and raised a hue and cry, which attracted witnesses Mata, Ambey and others to the scene of the occurrence. THEreafter the marpit ended. A report of the incident was lodged at 7 A. M. and the Kanta which was snatched from the accused, was deposited at the Police Station. On these allegations the applicants have been prosecuted and convicted as above. THE accused denied their participation in the occurrence in questions Both the courts below, on a consideration of the evidence on the record and the circumstances of the case, have held the guilt of the accused established beyond all reasonable doubt. I do not find any illegality or perversity in the findings of fact recorded by the subordinate courts.