HAZARI AND OTHER Vs. STATE

JUDGEMENT

(1.) MEWA Ram and his sons Hazari and Yad Ram have preferred this application in revision against the judgment and order, dated 30 -3 -1971 of Sri R.S. Agarwal, 2nd Temp. Civil and Sessions Judge, Moradabad, dismissing the appeal and maintaining the conviction of the Applicants Under Sections 323 and 325, IPC and their sentence of two months' R.I. and four months' R.I. awarded by the learned Magistrate, the sentences, however, to run concurrently.

(2.) THE prosecution case, in brief, is that Pooran, complainant, resident of village Mankus, P.S. Bilari, distt. Moradabad, purchased a Gher from Kalloo, brother of Mewa Ram Applicant. This fact was not liked by the Applicants. The intervening wall between the Gher of the complainant and the house of the accused had fallen down. The Applicant had reconstructed it extending towards the Gher of the complainant. The extended portion was then removed by the complainant. On 13 -10 -1969, at about 11 o'clock in the morning the complainant Pooran had come back after pouching his field when the Applicants were said to have inflicted lathi and Kassi injuries on him. On an alarm being raised by the injured, Phool Singh, Mangal and Hira Lal were said to have reached there and it was on their intervention that the complainant was saved. Thereafter, the Applicants were said to have made good their escape.

(3.) DR . J.P. Saxena, Surgeon Distt. Hospital, Moradabad medically examined Pooran on 13 -10 -1961, at 5.25 o'clock in the evening. The doctor found: