SANTU Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants have been convicted by Special Additional Session Judge -II, Hardoi in S.T. No.283/92, decided on 12.11.1998, whereby all of them have been sentenced to undergo rigorous imprisonment of six months under Section 323/34 IPC, six months rigorous imprisonment under Section 504 IPC and one year rigorous imprisonment under Section 3(1)(X) SC/ST Act.

(2.) THE brief facts are that on 22.03.1991, the wife of the informant was present in the field. When the informant went to his house to bring meals and his wife was all alone in the field, the appellant Balak Ram caught hold her in order to outrage her modesty. When she raised alarm, other persons working in the nearby field reached the spot. The informant also reached there. The appellant Balak Ram then left the place of occurrence giving threats. However, the brothers of Balak Ram, namely, Gopal and Radhey along with his father Santu came with armed with "lathi" and "danda" assaulted the informant as well as his wife, as a result of which, they received injuries. The alleged occurrence took place at about 11.00 AM and FIR was lodged at 2.00 PM. Both the injured were sent to the hospital for medical examination, which was conducted on the same day on 5.30 PM. The Investigating Officer after completing all the formalities submitted charge -sheet against the appellants.

(3.) THE prosecution examined witnesses in support of the prosecution case and the learned trial court on appraisal of the evidence, found the appellants guilty and convicted them as aforesaid.