LALTA PRASAD Vs. STATE OF U.P

JUDGEMENT

(1.) CHALLENGE in this criminal revision are the judgements of trial court and of appellate court having order dated 29.10.2002 passed by Sessions Judge, Faizabad in Criminal Appeal No. 12 of 1999 confirming the judgement and order dated 20.02.1999 passed by 1st Judicial Magistrate, Faizabad convicting and sentencing the revisionists under Sections 323/34, 324/34 and 325/34 I.P.C with simple imprisonment of six months under section 323/34 IPC, simple imprisonment for one years under Section 324/34 IPC and simple imprisonment of one year and fine of Rs. 500/- under Section 325/34 IPC to each of the accused revisionists in criminal case No. 2517 of 1998.

(2.) THE factual matrix of the case in short is that informant Ram Jash gave a written information (Ext.Ka-1) to police station of Inayatnagar District Faizabad against the revisionists Lalta Prasad, Jalipa, sons of Raj Bahadur Yadav, Jagdhar, son of Shitla prasad Yadav and along with Ram Prem @ Dhodhey, son of Shiv Prasad Yadav on 03.11.1987 at 10.30 a.m. which was registered in general diary at serial no. 5 (Ext.Ka-8). In this written report, it has been mentioned by Ram Jash that all the four accused came at the door of informant and asked him to come out from their house and pay their money. When Ram Jash and Ram Baran came out of the house, the accused persons started assaulting them. Kedar Pandey and others intervened and saved them. On the basis of this written report NCR was drawn and Chitthi Majrabi were issued for medical examination from the police station to Ram Jash and Ram Baran. Ram Jash, the informant was medically examined on 03.11.1987 at 3.10 p.m. but not on the basis of Chitthi Majrabi. He was examined on his own behalf as shown by doctor "brought by self". The following injuries were found on the person of Ram Jash by Dr. K.U. Ahamad, EMO, District Hospital, Faizabad as mentioned in the injury report (Ext. Ka -4) prepared in the hospital.

(3.) SUPPLEMENTARY report (Ext.Ka-2) of Ram Jash was also proved. Fractured of lower 1/3 of right radius bone seen.