TULSI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order of conviction passed by Additional Sessions Judge, Fast Track Court No.4, Rae Bareli in Session Trial No.08/02, whereby the appellants were convicted and were sentenced to undergo six months imprisonment under Section 323/34 IPC and two years sentence under Section 325/34 IPC. A fine of Rs.500/ - each has also been imposed on them.

(2.) THE prosecution case, in short, is that on 01.06.2001 at about 1.10 PM, the appellants on account of some previous enmity assaulted the injured persons, as a result of which, Smt. Ganga Dei received three injuries. The injury No.1 of Smt. Ganga Dei was kept under observation and X -ray was recommended. It is said that on X -ray, Ulna Bone of right hand was found fractured.

(3.) IT has been submitted by the learned counsel for the appellants that the occurrence pertains to the year 2001 and since then a period of about 14 years has passed. There was also a cross version in which the appellants' side was also injured and in cross case the complainant and his party were punished. The submission is that the parties belong to the same village and are also distantly related. They have settled their dispute outside the court and both of them are now amicably living without any grudge against each other. In these circumstances, the sentence awarded to the appellant be considerably reduced.