VIJAI SHARMA MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) This revision is directed against order dated 27-7-1981 recorded by Sri G.D. Dubey, I AddI. District Judge, Jaunpur who dismissed Criminal appeal No. 152 of 1980 and affirmed the order of Sri R.P. Verma, learned IVt Judicial Magistrate, Jaunpur dated 7-10-1980 in Criminal case no. 746 of 1979 by which the revisionist was convicted under sections 323/504 and 506, I.P.C. The sentence awarded was 16 days Simple Imprisonment and a fine of Rs. 50/- under each count. However, the aforesaid sentences were postponed for one year provided the revisionist kept peace and remained of good behaviour. If the revisionist was found guilty of any other offence during this period the aforesaid sentences were to operate. The revisionist was ordered to execute a personal bond in the sum of Rs. 500/- and furnish one surety bond for a period of one year in the like amount and thus was to be released on probation forthwith.

(2.) The prosecution case briefly stated was that on 1-1-1979 at about 8 A.M. the revisionist went to the house of complainant Moosey, P.W. 1, and forcibly carried a kid. When complainant objected to it he was abused by the revisionist and assaulted with lathi, fists and kicks. It was on intervention of witnesses Ram Ujagir, P.W. 2, and Raj Behari, P.W. 3, that revisionist left the kid and went away holding out threats.

(3.) The complainant lodged report Ext. Ka 1 at police station Sikrara in the same fore-noon at 11.45 A.M. he could not get himself medically examined on account of poverty and when police did not take any action in the matter he filed the complaint on 4-1-1979. The accused was summoned by the Magistrate after following usual procedure of a complaint case.