NAND LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 27.05.1989 passed by VIIth Additional Sessions Judge, Allahabad in criminal appeal No. 138 of 1985 and affirming the judgment and order of Judicial Magistrate in Criminal case no. 251 of 1983 dated 27.05.1985 convicting the revisionist no. 1, under Sections 148, 324, 325/149 I.P.C. for one year R.I. on each count and six months R.I. under Sections 323/149 I.P.C. and convicting the revisionists no. 2 to 5 under Sections 323/149, 324/149 and 325/149 I.P.C. and sentencing them to one year R.I. on each count.

(2.) AS per report of C.J.M., Allahabad revisionist no. 1 Nand Lal, revisionist No. 3 Bhai Lal and revisionist No. 4 Nachku Lal have died during the pendency of the revision, hence, the proceedings against the aforesaid revisionists have abated.

(3.) PROSECUTION case in brief is that before the occurrence police had been in the village to search Ram Manohar son of Nachku Lal. The police suspected that Bhagirathi and his family members had pointed out Ram Manohar and hence, they bore grudge against Bhagirathi. On 20.03.1982 Bhagirathi son of Phool Chand had come back from his fields and was standing near his house. Seeing him alone Nachku Lal abused him. Phool Chand entered his house and told this to his father, whereupon Bhagirathi, Sant Lal and Sone Kali came out of the house and asked Nachku Lal why he was abusing. At this Ram Manohar armed with Ballam, Nand Lal armed with Katwasa, Bhai Lal, Sangam Lal, Ram Karan and Nachku Lal armed with Lathi reached the door of the complainant and assaulted him. Bhagirathi, Sant Lal Sone Kali and Phool Chand sustained injuries. Babban Singh, Kashi Ram and Chhote Lal witnesses came to rescue the injured. Bhagirathi lodged a written report on the basis of that the case was registered against the accused persons.