HARI LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision has been filed by the revisionists against the judgement and order dated 20.3.1990 passed by the Sixth Additional District and Sessions Judge, Fatehpur in Criminal Appeal No. 20 of 1989 whereby judgement and order dated 13.2.1989 passed by the Fifth Additional Munsif Magistrate, Fatehpur in Criminal Case No. 713 of 1988 convicting and sentencing the revisionists under Sections 323, 325, 506 IPC has been affirmed.

(2.) SINCE , on query, the C.J.M. concerned has reported that revisionist no.2 Dhani Ram son of Maiya Deen has died during pendency of this revision, therefore, the revision against him stands abated. Now this court is proceeding to decide the revision against the revisionist no.1 Hari Lal only.

(3.) BRIEF facts of the case are that on 8.2.1986 at about 6.00 p.m. accused Ram Sajiwan was digging earth from the land of the complainant in village in question. The father of the complainant levelled the land and did not allow the accused to take earth from that place. After leveling the land when the complainant's father was standing in front of his door, accused Dhani Ram said to the father of the complainant to stop the flowing of rainy water in front of the door of the accused, through the lane. The complainant's father said that the water always used to flow through the lane and it will still flow. On this, the accused started abusing and when the complainant's father forbade them not to abuse, then the accused persons beat him after hurling abuse with lathis and danda. On hearing hue and cry, the complainant Chhedalal and his mother Dularee came to rescue him. The accused also beat the complainant's mother. NCR about the incident was lodged at police station concerned, thereafter on the basis of X -ray report filed by the complainant case was registered at Crime No. 35 of 1986 under Section 323,325,504,506. The case was investigated and after completing the necessary formalities, chargesheet was submitted.