CHARRI Vs. STATE

JUDGEMENT

(1.) THIS revision has been preferred against the Judgment and order dated 2.6.1988 passed by the Ist Additional Sessions Judge, Ghaziabad in Criminal Appeal No. 88 of 1987 affirming the conviction and sentence under Sections 452 and 323/34 I.P.C. reducing the sentence under Section 452 I.P.C. from 6 months to 3 months rigorous imprisonment coupled with fine of Rs. 500/ - against the Judgment and order dated 10.6.1987 passed by the Munsif Magistrate, Hapur in Case No. 20 of 1987 whereby all the accused were convicted under Sections 452, 323/34 I.P.C. and the accused Khushiram was sentenced to undergo six months rigorous imprisonment under Section 452 I.P.C. and three months rigorous imprisonment under Section 323/34 I.P.C. while the other accused Charani, Rajpal and Rambhool were sentenced to undergo six months' rigorous imprisonment under section 452 and six months' rigorous imprisonment under section 323/34 I.P.C. coupled with fine of Rs. 500/ - each with default stipulation.

(2.) BRIEF facts of the case are that in the night of 7.11.1981 in Village Sikhera, Police Station Pilakhuva, District Ghaziabad Khushiram and Rambhool had assaulted Lal Singh and Harswaroop regarding which a non -cognizable report was lodged at Police Station Pilakhuva on 7.11.1981 at 9.05 a.m. A cross report was lodged by Khushiram against Inder pal, Amar Singh, Pappu and Amrit Singh under Sections 323, 504, 506 I.P.C. on 7.11.1981 at 8.15 a.m.

(3.) A report was lodged upon which investigation commenced and the Investigating Officer submitted charge sheet against the accused persons. Charges were framed against the accused persons under Sections 452, 323/34 I.P.C. The accused denied having committed the said offences and claimed trial.