PARMANAND Vs. STATE OF U P

JUDGEMENT

(1.) H. C. Mital, J. This is a revision on the point of sentence only against the judgment and order dated 25-3-87 passed in Criminal Appeal No. 14 of 1987 by Sri S. R. Pander, the II Addl. Sessions Judge, Banda, dismissing the appeal confirming the sentence and fine passed after convicting the revisionist under Section 332, I. P. C. by Munsif Magistrate I Class, Banda.

(2.) THE facts of the case in brief are that Sri Ram Swaroop Rajpal Head Master of the Junior High School when working in his office the accused-revisionist entered into his office and attacked him with Lathi causing the following three simple injuries : (. 1) One contusion with swelling on the upper left eye-lid measuring 3. 5 cm X 2 cm. (2) Contusion 8 cm. X 2 cm. on the outerside of left knee over the left thigh. (3) Contusion with swelling 4 cm. X 2 cm. on the back of left side chest. THE motive behind the attack is said to be an auction of a piece of land belonging to the school and that amount was to be realised from the accused-revisionist. It is alleged that the accused-revisionist had deposited the money with the injured Head Master who had assured that he will get the matter settled. THE accused-revisionist, however, did not produce the receipt, hence he was fined when the recovery proceedings started by the village Pradhan and, therefore, the revisionist had gone to realise the amount from the Head Master. THE trial Court found the offence proved on the basis of the prosecution evi dence produced before it and the learned Addl. Sessions Judge has confirmed the decision.