RAM BHAJAN Vs. STATE OF U P

JUDGEMENT

(1.) FEELING aggrieved by the judgment and order dated 24.09.1996 passed by the Additional Sessions Judge Ist, Hardoi in S.T.No.143 of 1993 sentencing the appellant under Section 333 IPC to undergo rigorous imprisonment of three years along with a fine of Rs.500/ -, he has filed the instant appeal.

(2.) ACCORDING to the prosecution case, the occurrence took place on 07.04.1991 when the informant Ram Saran Awasthi who was the then Lekhpal of Tahsil Shahabad had gone to the village Peela Mahuwa in connection with some official work. Since he had to cross Sai river, he left his bicycle in the house of Ram Bhajan Pradhan and while returning to his home when he went to the house of Ram Bhajan to take his bicycle, Ram Bhajan asked him to sit for sometime. It is stated that Ram Bhajan then pressurized the informant to file a case under Section 115 -C against Rikheshwar to which the informant refused. Whereupon Ram Bhajan appellant started abusing him and on being asked to stop abusing, he along with Ram Kumar assaulted him. It is stated that Ram Bhajan gave a lathi blow, as a result of which Ram Saran Awasthi informant received injury on his left leg. In the meantime, several persons of the nearby places reached the spot and thereupon the appellant Ram Bhajan and Ram Kumar both left the place giving threats to the informant. The report was lodged by the informant on the next day and the informant was subjected to medial examination. The doctor who attended the informant advised x -ray of his left leg and on x -ray, it was found that there was a fracture. The police after investigation submitted charge -sheet against the appellant as well as Ram Kumar.

(3.) THE prosecution examined six witnesses during trial. The appellant also filed certain documents in defence. The learned trial court on appraisal of eviddnce did not find any evidence against Ram Kumar and acquitted him of all the charges, but the charges against the appellant Ram Bhajan were found proved and he was accordingly convicted for the offence under Section 333 IPC.