RAMESHWAR PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision is directed against order dated 25.11.1981 By Sri J.P. Singh, learned IV Additional Sessions Judge, Varanasi in Criminal Appeal No. 265 of 1981 by which conviction of revisionist under Section 325, 323, 504, 506 read with Section 34 of Indian Pe;lal Code were affirmed. The sentences of one years rigorous imprisonment under section 325 IPC, six months rigorous imprisonment under Section 323 IPC, one months rigorous imprisonment under Section 504 IPC and two months rigorous imprisonment under Section 506 IPC were also affirmed.

(2.) The aforesaid conviction and sentences were recorded by Sri A.K. Dubey, learned Judicial Magistrate 1st Class, Varanasi in Criminal Case No. 438 of 1979 on 26.6.1981.

(3.) Briefly stated the prosecution version was that Ramesh Prasad Srivastava complainant (P. W.1) and the revisionist who are cousins, resided. in house no. 60/62, Karn Ghanta, Varanasi. while revisionist was aged about 12 years only. His parents expired and he was brought-up by the father of complainant and educated and married by him. It was further asserted that complainant asked him to reside in a separate house along with his wife which he refused and this dispute which occurred on 23.4.1979 at about 10.00 P.M. is the sequel of the said demand by complainant. It is alleged that preceding this incident, in the same night at about 7.30 on 8.00 P.M., Rameshwar revisionist put his bucket under the water-pipe forcibly which was resented by the complainant, and an altercation ensued.