BHOLA KEWAT Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment and order dated 5.6.2012 passed by learned Sessions Judge, Ambedkar Nagar in Sessions Trial (SC/ST) No. 3 of 2007 arising out of case Crime No. 70 of 2005, Police Station Bewana, district Ambedkarnagar whereby the appellant was tried for the offences under Sections 307, 323, 504 and 506 I.P.C. and 3 (1)(x) of the SC/ST Act. After trial, he was acquitted of the charges under Sections 307, 504 and 506 I.P.C., however, he was convicted under Section 323 I.P.C. and 3 (1)(x) of the SC/ST Act. He was sentenced to undergo rigorous imprisonment for a period of six months under Section 323 I.P.C. and for the offence under Section 3 (1)(x) of the SC/ST Act, he was sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs. 1,000/ - with default stipulation of three months additional imprisonment. All the sentences were directed to run concurrently.

(2.) IN brief, the facts of the case according to F.I.R., may be summarized as under: -

(3.) THE complainant went to the police station on the next morning, and got the F.I.R. scribed by one Dhirendra Pratap Tripathi and lodged the same at police station Bewana at 9:35 a.m. on the basis of which, the case was registered. The investigation was conducted by Circle Officer Prem Chandra Tiwari, who inspected the place of occurrence on 30.10.2005. The medical examination of the injured took place on 29.10.2005 at 1:50 p.m. at P.H.C., Akbarpur by PW -3 Dr. R.S. Verma and following injuries were found on the person of the injured.