PAPPOO Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the revisionists and the learned A.G.A.

(2.) THIS revision has been preferred against the Judgment and order dated 1.8.2005 passed by the Special Judge E.C. Act/Additional Sessions Judge, Rampur in Criminal Appeal No. 17 of 2014, Pappu and others Vs. State of U.P. by which the Additional Sessions Judge dismissed the appeal and confirmed the Judgment and order dated 15.12.2004 passed by the Chief Judicial Magistrate, Rampur in Case No. 5343 of 1998 by which the accused were convicted under Section 324/34.

(3.) BRIEF facts are that five days before 9.9.1998, the nephew of Ram Singh and Shyam Lal resident of village Piplia Qasba Bilaspur, District Rampur, had gone to river to catch fishes where altercation took place between him and Sipahi Lal and Jai Singh with regard to catching of fishes, and on the very same day, the brother of Ram Singh, namely, Dhan Singh was coming back from Bilaspur by 'tanga'. Mangal Singh was also sitting in the 'tanga'. When the 'tanga' reached near the garden of Hari Shanker at 2 O'clock at day time, Pappu, Harpal and Malkhan stopped the 'tanga' and took off the brother of the complainant Dhan Singh from the 'tanga' and started abusing him. Pappu was armed with knife, Har Pal was armed with lathi and Malkhan was armed with iron rod. When Dhan Singh asked them not to abuse, all the accused persons assaulted with knife, sticks and iron rod. Ram Singh, Devi Das and Pooran Lal saw the occurrence. The matter was reported to the police, who filed a charge sheet. The charges were framed against the accused, who pleaded not guilty and claimed trial. The prosecution examined P.W.1 Dhan Singh P.W. 2 Ram Singh P.W. 3 Nanhey, P.W. 4 Dr. K.V. Singh, P.W. 5 Sub -Inspector Chandra Pal Singh. The statements of the accused was recorded under Section 313 Cr.P.C., who again pleaded not guilty.