RAM GOPAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and orders dated 25.03.1995 and 15.06.2005 passed by the Judicial Magistrate, Firozabad in Case No. 1935 of 1994 and Additional Sessions Judge, Fast Track Court No. 3, Firozabad in Criminal Appeal No. 10 of 1995, by which the revisionists have been convicted under section 323 IPC and sentenced to undergo six months' rigorous imprisonment each and convicted under section 324 IPC and sentenced to undergo seven months' rigorous imprisonment each and convicted under section 325 IPC and sentenced to undergo nine months' rigorous imprisonment each and a fine of Rs. 100/ - each.

(2.) BRIEF facts of the case are that on 21.02.1988 at about 1, O'clock in the day time, the occurrence took place near the tube well of Laxmi Narain, village Mauda, police station Basai Muhammadpur, district Firozabad. The complainant Kunwar Lal Yadav went to his field, suddenly the accused Kedar Nath Yadav armed with farsa, Raj Nath armed with axe, Raghnath Yadav armed with bhala and Gopal armed with lathi met Kunwar Lal Yadav. The complainant had previously lodged a report against the accused persons, who had threatened the complainant with dire consequences. All the accused persons had planned to kill the grand father of the complainant. As soon as Kunwar Lal Yadav reached near the tube well of Laxmi Narain all the accused persons with intention to kill Kunwar Lal Yadav assaulted him with farsa, axe, bhala and lathi. On hue and cry, complainant's father Radhey Shyam Yadav and Rajan Singh Yadav, the complainant etc. reached the spot and saved Kunwar Lal Yadav. A report was lodged in this regard and after investigation, a charge sheet was submitted under sections 323, 324 and 325 IPC.

(3.) CHARGES were framed under sections 323, 324 and 325 IPC. The accused -persons denied the charges and claimed to be tried.