STATE OF U.P. Vs. BALIHARI AND ORS.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 31.7.1979 passed by the Munsif Magistrate, Sagari, District Azamgarh acquitting the respondents of the charges under Sections 147, 323/149 and 325/149 I.P.C.

(2.) The respondents Sahgu Balihari, Sattan, Buddhu, Mattan, Lalta, Maghu, Chhattu and Pujan are said to have arrived in the Sehan of the complainant Munnar and Sunnar situated in village Gangtiya, P.S. Kandharapur, District Azamgarh. It is alleged that at the time of occurrence, the complainant, his cousin and mother Kallo were working in their khaliyan and cleaning it with spade. The respondents were armed with lathies, and after coming to the spot they threw basket and spade. They claimed that the land belonged to them and they will fill it with mud. When the complainant objected the respondents assaulted them with lathies. Balihari gave a blow with the end of his lathy on the mouth of Munnar. The teeth of Munnar was broken. The witnesses came to the spot and intervened.

(3.) After the occurrence, Munnar went to the police station and lodged a report at 9.15 am. on 20.10.1975.