VIJAY NARAYAN Vs. STATE OF U.P

JUDGEMENT

(1.) This criminal revision is directed against the judgement and order dated 30th April, 1983 passed by Sri Pramod Kumar Sareen, Additional Sessions Judge/Special Judge (Essential Commodities Act, Etawah in Criminal Appeal No. 72 of 1983 confirming the judgement and order of Sri Gaur Chand, II Additional Judicial Magistrate, Etawah dated 27th Jan., 1983 in Criminal Case No. 777 of 1982 who convicted the applicant revisionist under Sec. 323 Indian Penal Code and sentenced him to three months R.I. The prosecutions claimed that on 27.1.1980 at about 10.00 A.M. in village Rathgaon police station Bidhuna District Etawah accused revisionist Vijay Narayan along with others viz. Batehwar Dayal, Ram Prakash, Ram Adhar and Ram Autar were digging a pit for their parnal over the land of the complainant Shajad Ali, P.W.1, when his mother Smt. Maryam, P.W.2 and sister objected to it, the applicant revisionist Vijay Narayan and his associates assaulted Smt. Maryam and Sahjad Ali by means of Lathi and caused following injury to them. Injury of Smt. Maryam:-