KAMTIYA Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 15.06.1990 passed by the Sessions Judge, Banda in Criminal Appeal no. 39 of 1990 dismissing the appeal upholding the judgment and order dated 10.05.1990 passed by the Additional Chief Judicial Magistrate, Banda in Case No. 143/IX of 1990 convicted the revisionists and sentenced them to three months' simple imprisonment and a fine of Rs. 1000/ - under section 325/34 IPC, one month's simple imprisonment under section 504 IPC and one month's simple imprisonment under section 506(2) IPC with defaulting clause.

(2.) BRIEF facts of the case are that on 15.08.1987 at about 1, O'clock in the day time, the accused persons, namely, Kamtiya, Chheda Lal alias Chhedda, Raghuva and Baura came to the door of the complainant and started abusing him. When the complainant asked them not to do so, they ran to assault him and assaulted him with sticks and caused injuries to him. Thereafter a report was lodged. After medical examination, it was found that the writ bone of the right hand of the complainant was found fractured. After investigation, the Investigating Officer submitted charge sheet against the accused -revisionists.

(3.) CHARGES were levelled against the accused -revisionists, who pleaded not guilty and claimed to be tried.