HAZARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri P.C. Srivastava, learned counsel for the appellant, Sri M.A. Siddiqui, learned counsel for the complainant as well as Sri Rajnath Bhakt, learned Brief Holder for the State.

(2.) The present appeal has been filed against the judgment and order dated 4.6.1981 passed by Sessions Judge, Bareilly in Session Trial No. 348 of 1978 convicting the appellant under Section 326 I.P.C. and sentencing him to undergo four years rigorous imprisonment.

(3.) The prosecution case in brief is that amongst the accused, Chhadammi is the father of Ram Chandra, Ram Bahadur and Hazari, who are residents of village Mehtarpur, police station Bithri Chainpur, Bareilly. On 26.3.1978 at about 6:30 p.m., they assaulted one Lala Ram of their village, who subsequently died. The deceased was stabbed with a knife by accused Ram Bahadur. Further the father and cousin of the deceased, namely, Ram Ghulam and Ram Lal were also beaten with lathies by the accused Chhadammi and Ram Chandra. All the accused have pleaded not guilty to the respective charges and according to them they have been falsely implicated in the present case.