JAMMAN AND ORS Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants have been convicted by the Special Judge SC/ST Act, Gonda in S.T.No.118 of 1996 decided on 15.10.2003, whereby both of them have been convicted under Sections 323/34, 325/34, 504 IPC and Section 3(i)(x) SC/ST Act. I have heard Sri Vinod Kumar Singh, learned Senior Advocate appearing on behalf of the appellants and the learned A.G.A. for the State.

(2.) THE prosecution story, in short, is that on 31.07.1994, at about 4.00 p.m. when the informant Ram Uggar was in his filed, the appellants came there armed with lathi and started assaulting him. When the informant raised alarm, the village people rushed to the spot and on seeing the village people, both the appellants ran way from the place of occurrence. According to the informant, the appellants had a previous enmity with each other from before the occurrence. The appellants not only threatened and used abusive language while assaulting the informant, but also humiliated and insulted him by using cast based language. The police on the basis of written application of the informant, registered a case against the appellants and after completion of investigation, submitted charge -sheet against them. During the course of the investigation, the informant was sent to the hospital for medical examination? and as per the medical examination report, two injuries were found on the body of the informant. The first injury was in the nature of contusion in front of the nose and the second injury was an abrasion on the base of the nose. The injury no.1, according to the doctor, was grievous and as such, he referred the informant to the Radiology Department and on x -ray the nasal bone was found fractured.?

(3.) IN order to prove the charge against the appellants, the prosecution examined three witnesses and on the basis of evidence on record, the learned trial court found the appellants guilty of the offence and convicted them, as aforesaid.