ADYA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) On 4.4.1985 at 12 in noon informant Ram Dular was sitting on his door along with his wife Munsia and brother Hira Lal when the revisionist Adya Prasad (armed with Gadasa), Onkar and Ishwari Prasad (both armed with lathis) reached there vetuparising them because of enmity and belaboured them as a result of which Munsia and Hori Lal sustained injuries. Intervention of Hari Hari, Ghanshyam, and many others in the said marpeet saved their lives. Injured Munsia and Hori Lal were medically examined on the same day at 2.30 and 2.50 p.m. at P. H.C., Aurai. Informant Ram Dular lodged a report at 6.20 that day itself at the police station Aurai District Bhadhoi under sections 323, 324 and 504, I. P. C. The ensued investigation culminated into filing of charge sheet against the revisionists accused on 10.7.1985 in Court on the basis of which, State v. Adya Prasad and others, was registered in the Court of Chief Judicial Magistrate, Bhadhoi, Gyanpur. The revisionists accused were charged for committing offences under sections 323, 324 and 504, I.P.C. on 26.10.1991, which they denied and claimed to be tried.

(2.) During the trial prosecution examined Hori Lal (injured) P. W. 1, Ram Dular (informant) P.W.2, Hari Har (eye witness) P.W.3, as witnesses of fact. Dr. A. Pandey P. W.4 and Lalji Pathak Head Constable P. W. 5 were examined as formal witnesses to prove the case against the accused. The accused in their statement under section 313, Cr.P.C. denied the incriminating circumstances appearing against them in the evidences and in their defence they examined Balu Ram as D.W. 1.

(3.) The Trial Court after examining the evidence led in the trial and critically appreciating the same came to the conclusion that the prosecution has proved its case to the hilt and the offences against the accused has been proved and hence it convicted and sentenced the accused vide its judgment and order dated 6.5.1997. Accused Adya Prasad, revisionist No. 1 was covicted under section 324, I.P.C. and was sentenced to undergo 6 months R. 1. and to pay a fine of Rs. 500/-. Rest of the two accused Onkar and Ishwari Narain were convicted for offence under section 323, I.P.C. and were sentenced to undergo 3 months R.I. and to pay a fine of Rs. 500/- each. Trial Court also ordered that in default of payment of fine the accused will undergo further imprisonment of two months R.I. It also ordered that out of the fine so realized Rs. 1,000/- shall be granted as compensation to the injured persons and rest of the amount will be deposited in Government treasury.