KANTA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This revision, preferred under Section 397 of Code of Criminal Procedure, 1973, is directed against the judg ment and order dated 03. 03. 1987, passed in Criminal Appeal No. 09 of 1985, by learned Sessions Judge, Dehradun, whereby judgment and order dated 11. 2. 1985 passed by Chief Judicial Magistrate in Criminal Case No. 1992 of 1982, has been upheld and conviction under Section 323 and 452 of Indian Penal Code, 1860, has been maintained. Learned Sessions Judge has confirmed the sentence passed against Sundari Devi and Jagdish but as against Kanta Prasad, it has been modified and re duced to the period of jail already undergone and fine of Rs. 500/ - un der Section 452 and Rs. 300/- under Section 323 of the Indian Penal Code.

(2.) PROSECUTION story in brief is that on 10. 09. 1982, at about 4:00 P. M. , the revisionists (accused) entered into the house of Mehar Chandra and assaulted Smt. Kanti Devi (W /o Mehar Chandra ), Km. Babita (D/o Mehar Chandra) and Rejendra (S/ o Mehar Chandra ). The said accused (revisionists) entered into the house of Kanti Devi, armed with dandaas and hockey. Kanta Prasad was said to have armed with hockey while other two were armed with dandaas. On hearning the cries of the injured, P. W. 4 ( Dhoom Singh) and P. W. 5 (Megh Pal), rushed to the scene of occurrence and saved them. Rajendra gave information of the incident to his father Mehar Chandra ( P. W. I ), who got the F. I. R. lodged with the Police Station at about 4:30 P. M: on the same day. P. W. 6, Dr. P. K. Gupta, examined the injured and fol lowing injuries were found by him: In juries found on the person of Km. Babita (P. W. 3) : 1. Contusion red in colour 6cm x 3. 5cm, with traumatic swelling on left side face just below left lower eyelid. 2. Traumatic swelling cum contu sion 3 cm x 2cm on the right half of nose on the face, bleed ing from right nostril. Complain of pain on left side of chest and left arm. Injury No. 1 was reported to be sim ple while No. 2 was kept under observation. Injuries found on the person of Smt. Kanti Devi (P. W. 2) : 1. Lacerated wound 0. 5 cm x 0. 2 cm on the socket of upper left lateral incisor, fresh blood from socket. Tooth loose in socket. 2. Contusion size 11 cm x 6 cm with traumatic swelling around right upper arm lower one third. Complain of pain on the back. Injury No. 1 and 2 were kept un der observation.

(3.) I heard learned counsel for the revisionist and learned Assistant Gov ernment Advocate and perused the record.