M K DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated passed by the IVth Additional District & Sessions Judge, Varanasi in Criminal Appeal No. 150 of 1987 dismissing the appeal and modifying the judgment and order dated 25.06.1987 passed by the Ist Additional Munsif Magistrate, Varanasi convicting and sentencing the revisionist to pay a fine of Rs. 300/ - under section 323 IPC to the extent that the revisionist were enlarged on probation of good conduct for a period of six months on furnishing two sureties of Rs. 1000/ - along with a personal bond in the like amount to keep peace and be of a good behaviour.

(2.) BRIEF facts of the case are that there was an old enmity between the complainant Mahendra Kumar and accused Manglesh Kumar Dube and Akhilesh Kumar Dube. The complainant and both the accused are resident of Bahadurpur, PS Ram Nagar, district Varanasi. The complainant runs a hotel at Parao at G.T. road. It has been alleged that on 27.04.1983 at about 9.30 a.m., the complainant was passing near Tulsa Dharamkanta near his hotel, suddenly the accused armed with lathi and danda came there and started abusing the complainant. When the complainant asked them not to do, they assaulted him by lathi and danda. Thereafter the complainant lodged an FIR on 10.35 a.m. on the same day at police station Ram Nagar. The complainant was medically examined in lovett Hospital of Ram Nagar at 12.30 p.m. on the same day. After investigation, the Investigating Officer submitted charge sheet against the accused person.

(3.) CHARGES were framed against the revisionist, who pleaded not guilty and claimed to be tried.