PANCHAM YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) ccused Pancham Yadav and Chauthi Yadav have been convicted and sentenced to undergo R.I. for a period of 5 years on the charge under S. 304/1, I.P.C. by the then IIIrd Add1. Sessions Judge, Mirzapur by his order dated 3-8-1979. They have preferred this appeal against the same.

(2.) The prosecution case stated initially on the basis of an F.I.R. lodged by Nathu (deceased) on 10-8-78. He has alleged that the incident took place on 9-8-78 at about 2 p.m. in village Lorahuti, Jogini. The cattle of the accused trespassed into the paddy and Kodo crops of the complainant. The complainant asked the accused not to do so. Then they assaulted him with lathies. The witness intervened. He had received injuries on his head, cheek and arm.

(3.) On the basis of this short report, an entry in the G.D. was made on 10-8-78 at about 4 p.m. A case under Section 323/426, I.P.C. was registered but it was kept as a non-cognizable case.