HIRA LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the order dated 15.8.1988 passed by the Ist Additional Sessions Judge, Farrukhabad in Criminal Appeal No.10 of 1988 by which the said appeal was partly allowed with the modification that Raghunath was acquitted and each of the remaining two appellants Mahesh and Hira Lal were to serve out the sentences as directed by the Chief Judicial Magistrate, Farrukhabad, vide order dated 18.1.1988, i.e., to undergo one month rigorous imprisonment under Section 323/34 I.P.C., to undergo three months' rigorous imprisonment under Section 324/34 I.P.C. and further to undergo six months rigorous imprisonment and pay a fine of Rs.100/ - with default stipulation under Section 325/34 I.P.C.

(2.) THE prosecution case in brief is that the complainant and Chheda Lal had a joint ownership of a grove. It is said that on 29.5.1984 some quarrel took place for causing the damage to the grove between the younger brother of the complainant on the one hand and Devi Lal on the other hand. The complainant lodged F.I.R. in this matter. On 30.5.1984 at about 5 p.m., the complainant went to look after his grove where Chheda Lal, accused Raghunath armed with farsa and Hira Lal and the elder son of accused Raghunath armed with lathis were present. The complainant complained against the damage done to the grove. On this the accused persons started hurling abuses. On being remonstrated by the complainant, all the accused started beating the complainant with their respective weapons. Meanwhile, Harlal and Bhure Lal of the Mohalla came there, who intervened in the matter.

(3.) THE injured were examined by the doctor and the report was lodged. The Investigating Officer investigated the matter and submitted the charge sheet. Charges were framed against the accused persons under Sections 323/34, 325/34 and 324/34 I.P.C. The accused denied the charges, pleaded not guilty and claimed trial.