RAM KARAN Vs. STATE OF UTTARPRADESH

JUDGEMENT

(1.) This revision is directed against the order dated 18.11.1981 by Sri Prem Singh, learned Sessions Judge, Ghazipur in Criminal Appeal No. 190 of 1981, by which he set aside the conviction of appellants under Section 394, Indian Penal Code but affirmed their convictions and sentences under sections 323/504/506, Indian Penal Code.

(2.) The revisionists were initially convicted under Section 324 Indian Penal Code. And sentenced to four months R.I each, under Section 323, Indian Penal Code to three months R.I. each, under Section 50t, Indian Penal Code, they were convicted and sentenced to IS days imprisonment each, they were further convicted under Section 506, Indian Penal Code and sentenced to three months R.I. each by Sri V. P. Lukariya, learned Munsif-Magistrate Saidpur district Ghazipur vide order dated 25.9.1981 in case No. 313 of 1981, The aforesaid sentences were ordered to run concurrently.

(3.) The prosecution story briefly stated is that parties are residents of village Kabla Jakhaniyan police-station Murkura. District Ghazipur. On 20.2.1981 complainant Purshottam P.W. 1 was digging foundation in his court-yard at about 3 P.M., when both the revisionists who are own brothers arrived and belabured Purshottam with lately and spade blows; when his wife came to his rescue she was also belaboured with kicks and fist s. Witnesses Musafir, P.W. 2, and Kharman were attracted and intervened; while revisionists were threatening to kill and lot the property of the complainant. Complainant went to police-station and lodged the F.I.R. Ext. Ka 2 in the same afternoon at 6.10 PM. The F.I.R. was proved by secondary evidence of P.W. 4 Sri Satdeo who was well acquainted with the hand writing of the complainant. Injured got himself medically examined by Dr. S.L. Garg. Medical Officer, Jakhaniya in the same evening on 21.2.1981 at 8 A.M. Two injuries were detected on his person as detailed in injury report Ext. Ka. I. Injury No. 1 was incised wound on the skull right fore head. Injury No. 2 which was also a simple injury was caused by some blunt weapon. Duration was about one day at the time of examination. As local police did not take any interest in the matter so the complaint was filed by the Complainant who examined himself and Musafir P.s. 1 and 2 in support of the prosecution story.