LAWS(ALL)-2015-1-7

SURESH CHANDRA Vs. SATE OF U P

Decided On January 09, 2015
SURESH CHANDRA Appellant
V/S
Sate Of U P Respondents

JUDGEMENT

(1.) CHALLENGE in the instant criminal appeal is the judgment and order dated 15.03.2003 passed by Additional Sessions Judge, Court No.32, Barabanki in Sessions Trial No. 347 of 2001, arising out of Case Crime No. 115 of 2000, Police Station Asandhara, District Barabanki, whereby all the appellants were convicted for the offence under Sections 323/34, 325/34 and 307/34 IPC and were sentenced as under: -

(2.) IN brief, the case of the prosecution was that the complainant Surya Lal Verma lodged a first information report at Police Station Asandhara on 26.09.2000 alleging therein that his brother Chandra Kishore had gone to repair the "Pully" of his well on 20.09.2000 at about 8.00 AM. When he was repairing the said Pully, then the appellants armed with lathies reached there and with intention to kill Chandra Kishore, caused injuries with lathies and also abused him. Hearing the noise of Chandra Kishore, the complainant, his brother Srikrishna rushed towards the place of incident then the accused persons caused injuries to Srikrishna and also to the complainant. Hearing the noise, Keshavram, Naseem, Vinay Kumar and other persons of the village reached there, who rescued the complainant side. It was alleged that Chandra Kishore and Srikrishna received serious injuries while the complainant Surya Lal had received simple injuries. Because of seriousness of the injuries, the injured persons were taken to the District Hospital, Barabanki, where they were under treatment and the first information report of this case was lodged on 26.09.2000 at 1710 hours when the condition of the injured persons improved.

(3.) MEDICAL examination of injured Chandra Kishore took place on 20.09.2000 at 10.30 AM and the following injuries were found on his person: -