KRISHNA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Additional Sessions Judge, Faizabad by his order dated 9/11/1982 has dismissed the appeal No. 270/82 confirming the order of conviction and sentence passed by the learned Magistrate in Criminal Case No. 1376/ 1981 convicting the accused persons for offence under sections 323/34 and 452 IPC and sentenced each of them to undergo R.I. for three months under section 323/34 IPC and three months under section 452 IPC and further sentencing each of them to pay a fine of Rs. 200.00 in default to three / months R.I u/s. 452 IPC.

(2.) According to the prosecution case Banshgopal complainant was sitting in his Dalan on 17/4/1981 at about 11 A.M. when four persons including the two revisionists, who have previous enmity with the complainant, came there and hurled abuses and attacked them with lath is, Danda, kick and fists causing injuries to the complainant and his wife. First Information report of the incident was lodged the same: day at 10 p.m. Both the injured were medically examined by Dr. L.A. Khan. The complainant had one lacerated wound and a contusion and his wife had a complaint of pain. In support of its case the prosecution examined complainant Bansh Gopal PW. 2, Smt. Kailashi complainants wife PW. 3 and Ram Naresh PW. 4 on fact, besides other formal witnesses. The learned trial Magistrate and the learned Additional Sessions Judge convicted and. sentenced the accused revisionists as mentioned above.

(3.) The learned counsel for the revisionists argued only on the question of sentence. The evidence on record is sufficient the establish the prosecution case on fact.