CHANDRA BHAN GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Rajiya Dubey, learned counsel for the revisionist; Shri Sharad Dixit, learned AGA for the State respondent and Shri Manoj Kumar Misra Kumar Misra, learned counsel for opposite party nos.2 and 3.

(2.) THIS criminal revision has been filed challenging the judgment dated 11.4.2008 passed by the learned Additional Sessions Judge/FTC - III, Lucknow in Sessions Trial No.240 of 2007 and Sessions Trial No.240 -A of 2007, Case Crime No.595 of 2006, Police Station Ghazipur, District Lucknow by which the learned court below has convicted opposite party no.2 - Babbu under Section 323 and sentenced him to the period already undergone (about ten months) and imposed fine of Rs.1000/ -, and in default of payment of fine he was to undergo 15 days RI and acquitted him from the charges under Sections 147, 325/149, 308/149, 504, 506 IPC. The learned court below has also acquitted opposite party no.3 - Bhagwan Prasad from the charges under Sections 147, 323/149, 325/149, 308/149, 504, 506 IPC.

(3.) THE prosecution version, in brief, is that the revisionist - Chandra Bhan Gupta had lodged FIR in Police Ghazipur, District Lucknow alleging that one Vijay Kumar Pandey had purchased a shop of his brother Girijesh situated in Naveen Market, Munshipulia through registered sale deed on 14.11.2005 in Rs.6,50,000/ - and on 10.10.2006 possession was handed over. On 13.10.2006, at about 11:15 AM, when the revisionist, Om Prakash Gupta, Babbu Gupta were stocking goods in the shop, Hari Shanker Tiwari, Babbu Tiwari, Pappu Tiwari, elder and younger brothers of Vijay Kumar Pandey and wife of Hari Shanker Tiwari armed with iron rod, iron sambal, and brick bats came there and started abusing them. Hari Shanker Tiwari exhorted them and all the accused persons surrounded them and started assulting them by iron rod, iron sambal and bricks. Due to this assault, Om Prakash Gupta, Chandra Bhan Gupta, Babbu Gupta and Ajit Kumar had received injuries on their body including head. Om Prakash Gupta was taken to Shekhar Hospital for treatment. The revisionist along with Babbu and Ajit Kumar went to police station. A case was registered and was handed over to Investigating Officer for investigation. Investigating Officer visited the place of occurrence and prepared site plan. After receiving medical report, he got the statement of witnesses recorded. The Investigating Officer submitted charge sheet under Sections 147, 323, 504, 506, 325, 308 IPC before the Court against Bhagwan Prasad and Babbu only. After submission of charge sheet the matter was committed to the court of sessions for trial. After receipt of record charge under Sections 147, 323/149, 325/149, 308/149, 504, 506 IPC was framed against Babbu and Bhagwan Prasad, who pleaded not guilty and claimed to be tried.