ALIYAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 27.09.1990 passed by the Sessions Judge, Ghazipur in Criminal Appeal No. 43 of 1990 confirming the judgment of the trial court in Criminal Case No. 2460 of 1988 passed by the learned Munsif Magistrate/Lower Criminal Court, Mohammadabad, district Ghazipur on 12.04.1990 convicting the revisionists under sections 323 read with section 34 IPC, but modifying the sentence and giving them benefit of First Offender's Probation Act.

(2.) Facts of the case, in brief, are that on 20.03.1984 at about 3.00 p.m. in the afternoon, the complainant Girja Yadav and his brother Ram Bachan was cleaning the ground in front of the house, suddenly Ram Karan, Aliyar, Kamal Dev and Ram Laxman came and Ram Karan was armed with gandasa and remaining accused were armed with lathis. Ram Karan assaulted Ram Bachan with gandasa, Aliyar assaulted with head of lathi on the face of Ram Bachan due to which one teeth of Ram Bachan was broken and he sustained injury on the upper lip. Kamal Dev, Ram Laxman and Ram Bachan were also assaulted with lathi. Girja was also assaulted by Ram Bachan and Kamal Dev and Aliyar by lathi. The accused persons used abusive languages and threatened to kill the complainant. Witnesses Siddan and Sarvdev etc. came to the spot and saved the complainant and report was lodged and the injured were medically examined, thus, the investigation started.

(3.) After investigation, the Investigating Officer submitted charge sheet against the accused persons. The accused persons were summoned and charges under section 323, 325 IPC against all the accused were framed except Ram Karan, against whom charge under section 324 IPC was framed. The accused persons denied the charges and claimed tried.