PHOOL SAHAI Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 15.09.1990 passed by the IIIrd Additional Sessions Judge, Kanpur Nagar in Criminal Appeal No. 90 of 1988 confirming the judgment and order passed in Criminal Case No. 264 of 1988 by the Court of Maha Nagar Magistrate, Shisha, Mau, Kanpur on 05.10.1988 convicting and sentencing all the revisionists for six months' rigorous imprisonment under section 324/34, three months' rigorous imprisonment under section 323 IPC and one month's rigorous imprisonment under section 506 IPC.

(2.) Brief facts of the case are that the prosecution case is that on 17.03.2987 at about 7.15 p.m. the complainant Sarnam filed a non-cognizable report at police station Panki, Kanpur Nagar against the accused-revisionists, in which he had said that he was going to the market to purchase his house-hold goods, the revisionists started saying that the complainant had put colour on the revisionists, he will be taught a lesson. Some persons got the matter compromised, but the revisionists started abusing him, when he was asked not to abuse him, the revisionists assaulted the complainant with fists and kicks and danda. When his father came, he was also assaulted by the revisionists with fists and kicks and threatened to kill them. Report was lodged and after investigation, charge sheet was submitted against the revisionists. The revisionists were charged under sections 323/34, 324/34, 504, 506 IPC. The revisionists pleaded not guilty and claimed to be tried.

(3.) The prosecution examined PW-1 Sarnam, PW-2 Mardan, PW-3 Nanbuddhi, PW-4 S.I., Ram Saran Pandey, PW-5 Dr. A.P. Bajpai, PW-6 Head Constable Afsar Hussain.