RAM DAS Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 13.03.1990 passed by the IVth Additional Sessions Judge, Fatehpur in Criminal Appeal No. 44 of 1989 affirming the judgment and order of IVth Additional Munsif Magistrate, Fatehpur in Case No. 6 of 1989 dated 27.06.1989 convicting the revisionists under section 323 IPC, but instead of sentencing the accused -persons directing them to furnish a personal bond of Rs. 2,000/ - and one surety to the satisfaction of District Probationary Officer.

(2.) BRIEF facts of the case are that the predecessors of the complainant Mahesh Chandra were resident of village Asni. The complainant was living at Chhewka Majre Hussainganj, district Fatehpur since the life time of his father. The cousin brother of father of the complainant died on 25.04.1988 in village Asni and his last rites were performed by the father of the complainant Ram Sharan and Ram Sharan was representative and legal heir of Ram Bharose. On 08.05.1988 at about 7.45 p.m. the accused persons Ram Das, Ram Charan, Anil Kumar and Vinod Kumar alias Chulli took the bag and baggage of the deceased along with ornaments and other materials to the village Chhewka to their house. When the complainant and his parents opposed this, the accused persons came to the house of the complainant and assaulted him with lath and danda. The complainant ran into the house, but he was chased by the accused, who entered the house and assaulted him. When his mother Smt. Kunti Devi came to his rescue, she was also assaulted by the accused persons. Witnesses Chheddu, Dholi, Shyamu, Harihar Pandey, Arjun Singh and Meku dhobi came to the spot and saved the complainant and his mother. A complaint was filed by the complainant.

(3.) THE statement of the complainant was recorded under section 200 Cr.P.C. and in the inquiry under section 202 Cr.P.C., Smt. Kunti Devi and Harihar Pandey were examined. After the summoning order was passed, the statements of PW -1 Mahesh Chandra, PW -2 Smt Kunti Devi, PW -3 Ram Sharan, PW -4 Constable Prem Shankar, PW -5 Dr Sangram Singh were recorded.