LAWS(ALL)-1992-11-99

PARAS NATH Vs. STATE OF U P

Decided On November 30, 1992
PARAS NATH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THIS is a criminal revision against the judgment and order dated 16th August. 1985 passed by the then learned 1 Additional Sessions judge, Gorakhpur in Criminal Appeal No. 151 of 1984 partly allowing the appeal filed against the order dated 10th August, 1984 in Criminal Case No. 585 of 1980 State v. Ram Jivawan and others maintaining the conviction and sentence passed against the appellants under Sections 323 and 325 IPC and modifying the fine imposed to the extent of Rs. 200/- each under section 323 IPC

(2.) HEARD the learned counsel for the parties at length and perused the record in general and the impugned judgment and order in particular.

(3.) THE learned counsel for the revisionists has farther argued that there is no explanation for the delay in the lodging of the First Information Report He has further argued that the place of occurrence is also not established beyond all reasonable doubts, He has also argued that the medical evidence dues not coincide with the ocular account He has ultimately argued that the above facts and circumstances swing the balance of Justice in favour of the revisionists- accused in the form of their aquittal of the offences with which they have been charged. His arguments do not appear to be without substance.