INDRAJEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The three revisionists Indrajeet Singh, Sarwan Kumar and Smt. Prema Devi were tried by CJM, Kanpur Dehat, in Case No. 854/2001, State v. Indrajeet Singh and Ors. under Section 323, 325 and 504 IPC, P. S. Chaube Pur, district Kanpur Dehat.

(2.) THE short allegations of the prosecution against the revisionists were that there was a dispute between the informant Ramesh Kumar and the, present revisionists applicants regarding a septic tank. Under the orders of SDM, Bilhaur, the Police had got the septic tank filled up. Ramesh Kumar informant was removing the extra soil collected besides the said pit' on which the three revisionists accused belaboured and abused him filthily. Informant Ramesh Kumar lodged a FIR under Sections 323 and 504 IPC, at P. S. Chaubepur, district Kanpur Dehat. THE medical examinations of the injured was got done by the police. According to the medical report the injured had received grievous injury and subsequently the FIR of cognizable offences as Crime No 122/92 under Section 323, 325 and 504 IPC (Ex. Ka 4) was registered against the accused revisionists by the police. Alter usual investigation the police submitted a charge-sheet accused persons who were summoned for offences under Sections 323, 325 and 504 IPC by the concerned Magistrate. In the trial the prosecution examined Ramesh Kumar (informant) as P. W. 1, Sundar Lal P. W 2, Pappu P. W. 3, Santosh Kumar PW 4, Constable Ram Shiromani Shukla P. W 5, Dr. K Swaroop P. W. 6 and Constable Jageshwar Dayal P. W. 7, In their statement under Section 313 Cr. P. C. the revisionists accused persons denied the prosecution allegations and the criminating circumstances appearing against them in prosecution evidences and took the defence of false implication.

(3.) I have heard Sri R. D. Singh, learned Counsel for the revisionists in support of this revision and the learned AGA in opposition.