RADHEY SHYMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the record.

(2.) Instant Criminal appeal has been preferred against judgment and order dtd. 3/6/2014 passed by learned Sessions Judge Court No. 8 Barabanki in Criminal Appeal No. 88/20213, whereby the judgment and order dtd. 23/8/2013 passed by learned trial court convicting the appellants from charge under Ss. 323, 504 I.P.C. and releasing them on probation of good conduct has been affirmed. The revisionist has assailed the judgment and orders of both the courts below the Trial Court as well as the appellate court in present Criminal Revision.

(3.) The factual matrix of the case in brief of that the informant Abdul Majid lodged a non-cognizable report before Police Station Kotwali Nagar, District Barabanki by oral information to the effect that the accused persons Pratap Narayan, Tej Narayan, Radhey Shayam and Pawan Kumar asked to dig the platform (chabutra) of the informant, when he objected the accused persons assaulted him by sticks, his son Mohd. Siraj ran to save him on cries of his father but the accused assaulted him also. The co-villagers rushed to the spot on commotion and saved the informant and his son and they also saw the incident. The police investigated the case by orders of the other court dtd. 14/6/2002 passed under Sec. 155 sub-sec. 2 Cr.P.C. and submitted charge-sheet against named accused persons. The accused Pratap Narayan died during the pendency of the trial and the trial was abated against him. The prosecution examined PW. 1 Abdul Majid (injured), PW. 2 Rajendra and P.W. 3 Mohd. Siraj (injured) for the prosecution evidence to support NCR version in their testimony, and statements of the accused persons were recorded under Sec. 313 Cr.P.C. they denied the accusation made against them and stated that they were falsely implicated in the case due to enmity of litigation; accused Tej Narayan and Radhey Shyam stated that they are running a shop of cement the informant Abdul Mazid had borrowed cement for constructing his house and when the accused demanded their money the informant side lodged false and concocted case against the accused persons by creating false injuries. Accused Pawan Kumar stated that he has only been implicated in the present case due to reason of being brother of accused Radhey Shyam.