(1.) Heard learned counsel for the revisionist, learned AGA and perused the records.
(2.) This criminal revision has been filed against the judgment and order dtd. 19/2/2010 passed by Additional Chief Judicial Magistrate-IV, Faizabad, in Criminal Misc. Case No. 82 of 1998, convicting the revisionist-accused under Sec. 323 IP.C. for six months simple imprisonment with fine of Rs.500.00 and under Sec. 325 I.P.C. for three years simple imprisonment with fine of Rs.1,000.00 with default stipulation as well as the judgment and order dtd. 28/1/2011 passed by Additional Sessions Judge, Court No.5. Faizabad in Criminal Appeal No. 33 of 2010 whereby the Appellate Court has affirmed the judgment and order of learned Trial Court.
(3.) In brief, facts of the case are that the informant Smt. Ram Rati lodged an F.I.R. at Police Station Haidarganj, Faizabad, that when her grand daughter namely Km. Kamlesh was grazing cattle and they entered the field of accused Ram Pratap, he beat up her grand daughter by punches and slaps. When her grand daughter narrated her, she went to the house of accused to reprimand him, the accused also beaten her with sticks. On her hue and cry when villagers reached there, the accused fled away abusing the informant. The informant received injury in her right hand. The F.I.R. was lodged and during the course of investigation, after finding fracture at the lower part of her right hand, the N.C.R. was converted into F.I.R. and Sec. 325 I.P.C. was added and the I.O. submitted charge-sheet under Sec. 323, 325 and 504 I.P.C.