RADHA Vs. IVTH ADDL. CIVIL JUDGE

JUDGEMENT

(1.) This criminal revision has been filed by Naresh Son of Bandhu, resident of Village Achhati, P.S Baskhari, District-Ambedkar Nagar, challenging the judgment and order dated 31.3.1999 passed by IIIrd Additional Sessions Judge, Faizabad in Criminal Appeal No. 41/1989, under Section 323, 436, 324 IPC Naresh Vs. State, by which the appeal filed by the revisionist against the judgment convicting the accused applicant, under Sections 323, 436, 324 IPC and order dated 11.9.1989 passed by Assistant Sessions Judge, Faizabad in Criminal Case No.157/1987 (State Vs. Hira Lal & Ors.) was dismissed By the judgment dated 11.9.1989, the revisionist was convicted under Section 436 IPC and was directed to undergo 3 years RI. He was further convicted under Section 324 IPC and was sentenced to undergo 1 year for RI and under Section 323 IPC he was directed to pay fine of Rs.250/-

(2.) From perusal of record, it appears that a FIR was lodged by Imtiyaz in Police Station Baskhari on 30.4.1983 at about 4.00 pm. alleging that at about 1.30 pm. accused persons Hira Lal, Naresh, Chhotu and Bandhu came and tried to take possession of the land of the informant. The informant forbade them from doing so. After exhortation, Naresh set fire in the house of the informant. On alarm, the informant, his brother Samim and mother Rasulan came who were also assaulted by the accused persons. Pannu Master and Smt. Sahida and Jethu reached there and intervened. The accused persons damaged the Haydi of the informant. On this, an FIR case under Sections 436, 324, 323, 427 IPC was registered against Hira Lal, Naresh, Chhotu and Bandu. After investigation, charge-sheet against all the four accused persons was submitted. Charges were framed under Section 436, 323 and 324 read with 34 and 427 IPC. Accused persons pleaded not guilty and claimed to be tried.

(3.) In order to prove the case, the prosecution examined P.W 1 Imtiyaz Ahmad, P.W 2 Samim, P.W 3 Rasulan, P.W 4 Head constable Ram Bahal Pandey and P.W 5 Dr. Rajendra Pratap Chief Medical Officer. In defence D.W. 1 Ramji Vishwakarma, D.W. 2 Hira Lal have been examined.