RADHEY SHYAM Vs. STATE

JUDGEMENT

(1.) Accused Radhey Shyam has come up in appeal to this Court under Section 374(2) Cr.P.C. against the judgment and order-dated 24.8.1981 passed by the then Additional Sessions Judge, Kanpur Nagar in ST. No. 359 of 1980 whereby he convicted the accused under Section 326 of the Penal Code and sentenced to undergo rigorous imprisonment for a period of four years.

(2.) In brief, the facts of the prosecution case were as under:

(3.) Accused Radhey Shyam is son of Ganga Prasad, who was landlord of House No. 20 Lal Kurti Bazar, P.S. Cantt, Kanpur. The landlord and his family resided on the ground floor and second floor of the house. P.W.2 Badlu Ram, the informant and victim of the incident lived in one room on the first floor as a tenant along with his wife and son P.W.3 (Shiv Shankar). Ganga Prasad had filed a civil suit for eviction of Badlu Ram from his house but civil suit was decided in favour of the tenant.