VISHUNATH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed by the appellants-Vishunath and Arjun Pasi against the judgment and order dtd. 29/11/2001 passed in Session Trial No.197 of 1999 and 476 of 2000 (State vs. Vishunath and another) by Additional Sessions Judge, Court No.5, Unnao.

(2.) Heard Sri Gulam Mustafa, learned counsel for the appellants and Sri Vinay Kumar Shahi, learned AGA for the State.

(3.) Brief facts of the case are that the alleged incident took place on 2/9/1998 around 10:00 in the night when the son of complainant-Kallu, Bachole and Ramraj were catching the fishes outside the village. At that time, Vishunath (appellant No.1),Arjun Pasi (appellant No.2) and one another person came near his son and scolding,Vishunath started beaten with danda. According to complainant, 'my son Kallu make the noise and ran away then he was catched by another person and Arjun had fired with Katta on him'. When complainant and other person tries to catch the accused persons, they ran away.