SUKHLAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 5.2.1990 passed by Vth Additional Sessions Judge, Fatehpur in Criminal Appeal No. 2 of 1989 partly allowing the appeal of appellants modifying the judgment and order dated 4.1.1989 passed by IIIrd Additional Munsif Magistrate, Fatehpur to the extent that the revisionists were acquitted for the offence under Sections 504 and 506 IPC but the conviction of the appellants under Sections 323/149 and 147 IPC sentencing them to six months and one year's R.I. respectively and to pay fine of Rs. 200 with default stipulation was confirmed.

(2.) The epitome of the facts and evidence unfolded during the course of trial which needs a necessary mention for the limited purpose of deciding the instant revision petition and emanating from record is that on 22.7.1983 at 11 A.M. when the complainant Bittan S/o Kripal R/o village Qasimpur Katra, P.S. Hathgaon, District- Fatehpur was going to irrigate his field for planting paddy and his brothers Rachchpal, Desh Raj and nephews were ploughing their fields nearby, at the same time, accused who belonged to his village, namely, Sukhlal, Prithvi, Mangara, Buddha, Raman and Suresh having lathis in their hands hurled abuses to the complainant and when the complainant and others saw that the accused were coming to assault them they ran towards Sarain Idris. As soon as they reached the boundary of the village, the accused Sukhlal and Prithvi attacked the injured with lathi on his back. The village Pradhan of the Gram Sabha and Mangal rescued him meanwhile the other co-accused were surrounding him. Suddenly, the complainant's brother and nephew, mentioned above, also reached the place of occurrence and saved him. The accused threatened the complainant that if he will lodge the complaint at the police station they will not spare him. Due to this fear and threatening the complainant hid himself secretly and came to the Fatehpur court and handed over his complaint to the Station Officer, Hathgaon and got the case written on the basis of the written FIR. The case was registered on 13.7.1983. The motive behind the assault was that the accused and the complainant had litigation regarding their fields for which the complainant had won the case and the accused had lost the case thus the complainant was in possession over the fields, therefore, the accused were at inimical terms with the complainant.

(3.) After investigation the Investigating Officer submitted charge sheet against the accused.