DHANESH Vs. STATE OF U P

JUDGEMENT

(1.) G. D. Dubey, J. It is a revision against the order of 12th Additional District and Sessions Judge, Meerut. The revisionist had been convicted and sentenced to a fine of Rs. 500 each for offence punishable under Section 323, I. P. C, read with Section 34, I. P. C. and in default of paymant of fine the revisionist were asked to undergo simple imprisonment for one month. Out of the fine so realised Rs. 500 was to be paid to the complainant Prasanna Kumar Sharma. The trial Court i. e. Judicial Magistrate First had convicted the appellants-revisionist under the aforesaid section and sentenced them to pay a fine of Rs. 1, 000 each. This had been reduced as stated above, but the conviction order of the lower Court was maintained.

(2.) THE facts relating to this revision are very brief. It is alleged that at 10. 30 a. m. on 29th September, 1982 Prasanna Kumar was going to the shop of black-smith for taking his Garasa. When he reached in the 'gali' of 'lohar' in village Khetabari the revisionists had assaulted him with Lathi causing him injuries. THE injured was taken to the P. L. Sharma Hospital at Meerut. Dr. H. P. Sharma had examined him at 5. 10 p. m. and had found 8 injuries on his person. A non-cognizable report of this case was lodged in P. S. Delhi Gate district Meerut. After investigation charge sheet was sub mitted against the revisionist.

(3.) IT has been argued by the learned Counsel for the revisionist that the lower Court itself had doubed the propriety of the police in investigating the case. In these circumstances it was essential for the prosecution to have proved the report.