HIRA LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants Hira Lal, Ravi Shankar, Jawahar Lal and Ram Bahore @ Bhullu have been convicted by the IInd Additional Sessions Judge, Pratapgarh in S.T.No.279 of 1991, decided on 17.01.1998, whereby they have been sentenced to undergo two years rigorous imprisonment under Section 308/34 IPC and six month simple imprisonment under Section 323/34 IPC.?

(2.) THE prosecution story as set out by the informant Smt. Shanti Devi in her written report is that on account of some enmity, the appellants on 28.07.1988 at about 10.30 a.m. came to the field of the informant, where Brij Mohan Prasad was present. The appellants firstly threatened him? with abuses and thereafter assaulted him with lathi and danda. On his alarm, her daughter Km.Geeta, Baij Nath and others reached the spot to save Brij Mohan Prasad. Then the appellants assaulted the daughter of the informant. The injured Brij Mohan Prasad became unconscious on the spot, when several other persons from the nearby places reached there, the appellants fled away. The injured was taken to his house and on 29.07.1988, the informant lodged the First Information Report. On the basis of the written report, the case was registered against the appellants and the Investigating Officer proceeded to investigate the case. The injured were sent to hospital for medical examination. The Investigating Officer after completion of investigation submitted charge -sheet against the appellants.

(3.) THE prosecution examined six witnesses in all to prove its case and the learned trial court on the basis of evidence on record found the appellants guilty of the offence under Section 308/34 I.P.C. and 323/34 IPC and convicted them, as aforesaid.