PREM PAL Vs. NEK RAM

JUDGEMENT

(1.) This revision has been preferred against the Judgment and order passed by the IX Additional District and Sessions Judge, Aligarh dated 20.2.1990 setting aside the conviction and sentence under Section 324, 323, 325, 147, 148, 149 I.P.C. and convicting him under Section 323 I.P.C. and directing the accused to furnish two sureties and personal bonds for their good behaviour against the conviction and sentence passed by the III Judicial Magistrate, Aligarh in Criminal Case No. 701 of 1988.

(2.) The facts of the case in brief are that on 24.11.1985 at 3 p.m. the complainant Prem Pal Singh was ploughing his fields at village Haji ka Bans Majra within limit of police station Ilgasa. Suddenly the accused persons Mahavir armed with pharsa, Nekram armed with sale, Teka armed with ballam and remaining two accused Nabbo and Bani Singh armed with lathi came to the complainant and asked him to give them his patela. On refusal the accused started abusing and assaulting him upon which Har Pyari, Viri Singh , Ram Bharosi and Maharaj Singh came to save the complainant, who were also assaulted by the accused. On hearing hue and cry, Bhagga Singh, Pooran and many other persons came towards the place of occurrence and saved the complainant.

(3.) Charges were framed against the accused under Sections 147, 323, 148, 324, 325 I.P.C. The accused persons pleaded not guilty to the charge and claimed trial.