MURTAZA Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 20.12.2001 passed by Sessions Judge, Mahoba dismissing the criminal appeal no. 02 of 1999 against the judgment and order dated 21.01.1990 passed by Judicial Magistrate -I, Mahoba sentencing the revisionist under Section 323 I.P.C. to three months simple imprisonment and a fine of Rs. 2000/ - and further convicting and sentencing the revisionists under Section 504 I.P.C. to pay fine of Rs. 2000/ - each with default stipulation.

(2.) BRIEF facts are that on 01.07.1989 at about 09:00 A.M. when the complainant went to the pond which was situated the beside the house of the accused who has gone to throw garbage. The accused started abusing the complainant and assault her with sleeper. The witnesses saw the occurrence and the oral report was lodged. After taking permission form the court, investigation was started and the investigating officer has submitted charge sheet against the accused. Charge was framed against the accused who pleaded not guilty and claimed trial.

(3.) THE prosecution examined Kaliya as PW -1, Rajju as PW -2, Dubbi as PW -3, M.M. Soni as PW -4 and Uma Nath as PW -5. The accused was examined under Section 313 Cr.P.C who denied the offence.