BIJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal by the accused is directed against the judgment and order dated 27-3-1981 passed by Sri A. K. Agarwal, the then Additional Sessions Judge, Ballia whereby he convicted the accused under Sections 324 and 325 of the Penal Code and sentenced him to undergo rigorous imprisonment for a period of one year and one year respectively thereunder. Both the sentences were directed to run concurrently.

(2.) Briefly stated the prosecution case is as under.

(3.) P. W. 1 Gaori Shanker son of Ram Das handed over a written report to the police and lodged an F. I. R. at police station Sahatwar, District Ballia on 2-3-1975 at 1-30 a.m. It was alleged by the informant that he and his brother Vipin Behari were sleeping in their Oshara on two different cots. At about 11.00 p.m. Vipin Behari raised alarm. The informant woke up and flashed his torch. He saw one person attacking upon his brother with a Gandansi. On hearing the alarm, Jagarnath Singh. Deena Nath Singh and Rameshwar Prasad rushed there. When the assailant saw the witnesses and informant, he ran away. He was, however, identified correctly in the light of torches as Vijendra Singh, son of Sarju Singh.