RAM KALI Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order of Second Additional Sessions Judge, Rampur rejecting the appeal preferred by the petitioners challenging the order of the Magistrate Court No 6, Rampur convicting the petitioners-revisionists to various terms of imprisonment. The appellate court had however, modified the order of sentence. Appellant Ram Lal was fined to Rs. 200/- u/Sec. 321, IPC and Rs. 50/- u/Sec. 504, IPC in default of payment of fine he was to under go two months R. I. and 10 days R. I. respectively. Ramkali was sentenced to a fine of Rs. 100/- u/Sec. 323 and Rs 50/- u/Sec. 504, IPC and in default of payment of fine R. I. for one month and 10 days respectively Out of this realised amount from the accused-revisionists an amount of Rs. 300/.- was ordered to be paid to complainant Bhoop Dei.

(2.) THE fact of this case are very brief. It has been alleged that both the patties are closely related and resided in the same house Smt. Ram Kali is the wife of Ram Lal revisionist. It is alleged that the accused persons wanted to take forcible possession over the house allegedly belonging to both the parties At about 8 AM on 27-8-1984 Smt. Bhoop Dei PW 1 had gone to the field. On her return she found Kara Kali cooking food on her (complainants) Chulha. On protest the two accused abused and assaulted with the tongs (Chimca) and knife. Ram Lal was possessing knife and revisionist Ram Kali was possessing Chimta. On alarm witnesses had arrived and intervened. FIR was lodged at the police station. Complainant was examined by a doctor who had noticed two incised wound, one abrasion and one multiple lenear abraison on the body. THE prosecution had examined Boop dei PVV 1, Chheda Lal PW 3 and Dr. Narendra Pal Singh in support or its case THE accused had pleaded not guilty. THEy had examined Devendra Singh, Jiya Lal and Devidas. THE two courts below had accepted the prosecution version and passed the impugned order.

(3.) THE two contentions of learned counsel for the revisionists relate to appreciation of evidence. THE lower court had reduced the sentence to a fine THE offence is of a petty nature Since both the parties belong to the same family, It appears to be a consequence of family dispute.