SUBHASH CHAND Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred against the Judgment and order dated 30.4.1987 passed by the VI Sessions Judge, Aligarh in Criminal Appeal No. 56 & 59 of 1986 arising out of the Judgment and order dated 31.3.1986 passed by the III Additional Munsif Magistrate, Aligarh in Case No. 943 of 1985, State Vs. Harpal and others, under Sections 147, 323, 325, 504, 506 I.P.C. P.S. Akrabad, Aligarh by which the learned lower court convicted the accused Harpal, Bhura, Vinod and Subhash Chandra and sentenced them to undergo one month rigorous imprisonment under Section 147 I.P.C., one month rigorous imprisonment under Section 323 I.P.C., one month rigorous imprisonment under Sections 504 & 506 I.P.C., and two months rigorous imprisonment under Section 325 I.P.C. The accused Pappu and Veerpal were granted benefit of doubt. In appeal, the above sentences were upheld and the appeal was dismissed.

(2.) Brief facts of the case are that on 2.4.1984 at about 9 a.m. when the complainant Dinesh went to fetch labourers and was coming back to his village along with the labourers, as soon as he reached near the society go-down, the appellants Harpal, Bhura, Vinod, Subhash Chandra, Pappu and Veerpal met him armed with lathis. All the accused persons assaulted Dinesh with lathis while Veer Pal and Pappu did brick-batting. On hue and cry being raised, Jaihind, Suresh Chandra, Laxmi Narain and others came to witness the incident. The accused and the victim were having previous enmity. Hence, F.I.R. was lodged.

(3.) Charges were framed against accused persons under Sections 147, 323, 325, 504, 506, who pleaded not guilty and claimed trial.