JAVED ALAM Vs. RAM PRATAP YADAV

JUDGEMENT

(1.) Heard Shri Sajjad Husain, the learned counsel for the appellant, Shri Hari Shanker Vajpayee, the learned A.G.A.-I for the State, as well perused the material available on record.

(2.) By means of the present appeal under Sec. 372 Cr.P.C., the appellant, Javed Alam, has challenged the judgment and order dtd. 21/2/2023 passed by learned Additional Sessions Judge-I, Ambedkar Nagar in Session Trial No. 281 of 2016, State Vs. Ram Pratap Yadav and others, arising out of Case Crime No. 83 of 2016, under Ss. 308/34, 323/34, 504, 506 I.P.C., Police Station Jalalpur, District Ambedkar Nagar, acquitting the opposite party Nos. 1 and 2 from the charges under Sec. 308/34 I.P.C. framed against them and convicting them for the offence under Ss. 323/34, 504, 506 I.P.C. and releasing them on furnishing personal bond of Rs.30,000.00 each for probation period.

(3.) According to the prosecution version, on 18/3/2016 at about 11:00 a.m. when the son of complainant, namely, Javed Alam (present appellant) was coming to his house dragging a cart which was laden by mustard crops, then the fennel crops standing in the field of opposite party No. 1-Ram Pratap, got stuck, on account of which the accused persons started abusing him, thereafter, when the son of complainant was going to his field again for taking crops, the accused persons including Sudhanshu and Kaushalya surrounded him and assaulted him by lathi, danda and iron rod. On shrieks when the complainant and his family members reached at the spot the accused persons fled away from there while threatening the complainant and his other family members. On this written report the case was registered by the police against the accused persons. After the case was committed, the accused persons in their statements under Sec. 313 Cr.P.C. denied their guilt and claimed to be tried.