BASOO Vs. STATE OF U P

JUDGEMENT

(1.) The revisionists were convicted on 30.4.81 by the then Vth Additional Judicial Magistrate, Bareilly in Criminal Case No. 785 of 1980 under Sections 323/34 and 325/34, I.P.C. and sentenced to undergo R.I. for one month and pay fine of Rs. 500 on the first count and to undergo 6 month R.I. on the second count. The appeal filed by them was dismissed by the then Vth Additional Sessions Judge, Bareilly in Criminal Appeal No. 72 of 1981 decided on 25.3.82. Aggrieved by these judgments and orders the revisionists have come to this Court.

(2.) The F.I.R. was lodged against four accused. Two of the accused namely Sannu and Banney were acquitted because the complainant P.W. 1 Subhan in his statement gave out that these two were empty handed and were not having any lathi or danda. P.W. 2 Churl and P.W. 3 Chunni Lal did not name these two persons as the assailants. The revisionists who were said to be the actual assailants were convicted and sentenced and their appeal was also rejected.

(3.) From the record it would appear that at the stage of appeal the F.I.R. said to have been lodged by the revisionists first at the police station and its entry in the G. D. were accepted for evidence at the appellate stage. The Appellants were not examined under Section 313, Code of Criminal Procedure in the light of the additional evidence accepted in appeal nor they were given any opportunity to adduce further defence evidence, If any, in the case.