CHANDRIKA Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants have been convicted by Additional Sessions Judge / Fast Track Court VIIth, Lucknow in S.T. No.908/2000, decided on 20.12.2006, whereby all of them have been sentenced to undergo rigorous imprisonment of two years under Section 324/34 IPC and one year each rigorous imprisonment under Section 323/34 IPC and a fine of Rs.1,500/ - respectively has also been imposed on each of them.

(2.) ACCORDING to the prosecution case, the occurrence took place on 11.06.1995 at about 4.00 PM when the informant along with his brother Shiv Sagar was going to Rahimabad Bazar on his bullock -cart. When they reached near the house of Chandrika, another bullock -cart coming from the opposite direction collided with the temporary structure raised by Chandrika near his house. It was on account of this incident that the appellants started hurling abuses to the informant. On being asked to stop abusing them, the appellant No.1 Chandrika assaulted with "banka" while the other appellants came armed with "lathi" and assaulted the informant as well as his brother Shiv Sagar. Both of them received serious injuries. They were brought to Thana, where the informant gave written information of the incident to the head constable, who registered a case against the appellants. The Investigating Officer got the injured medically examined in the hospital and after completion of investigation, submitted charge -sheet against the appellants under Sections 307/34, 323/34 and 504 IPC.

(3.) THE prosecution in order to prove its case examined five witnesses but the learned trial court acquitted the appellants of the charge under Section 307/34 IPC but convicted them as aforesaid.