SHAMSUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) UMESHWAR Pandey, J. This appeal arises out of the judgment and order of conviction and sentence dated 18-10-2000 passed by the Special Judge (SC/st Act), Banda.

(2.) THE brief facts are that on 13-8-1999 in the afternoon at about 4 p. m. while Dwarika (PW 2) was at his residence, the appellant-accused Shamsuddin came to him and started abusing him using filthy language which attracted the attention of complainant Ram Babu (PW 1) the son of PW 2, who tried to stop the accused from abusing his father. THEreupon the appellant assaulted him with Lathi inflicting two contusions upon his body. On the commotion raised on the spot several witnesses arrived there and the accused thereafter left the spot. It is also stated in the F. I. R. that the appellant was accompanied by unknown person who was holding a country-made pistol. THE matter was immediately reported at the Police Station at 5 p. m. by PW 1 and a case under Sections 323, 504 and 506 IPC and 3 (1) (10) of SC/st Act was registered against the appellant. THE injuries of Ram Babu (PW 1) were examined at Primary Health Centre, Naraini, the same evening at 8 p. m. Dr. N. D. Sharma (PW 5) has found two contusions on the body of Ram Babu, one on the left leg and the other on the left side of back. THE matter was investigated by K. S. Sinha, SI (PW 4), who, after recording evidence etc. in the case, submitted charge- sheet.

(3.) THE defence in this case has not submitted any evidence, oral or documentary.