SHIV MOHAN TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 30.10.1998 passed by IInd Additional District Judge/Special Judge, Hardoi in Special Criminal Appeal No. 263 of 1992 (State Vs. Shiv Mohan Tiwari) arising out of Crime No. 208/1991, under Sections 352, 504, 506 I.P.C. and Section 3(1)(x) SC/ST Act, Police Station-Kachhauna, District-Hardoi, whereby the accused-appellant was found guilty and convicted one month's rigorous imprisonment under Section 352 I.P.C., one year's rigorous imprisonment under Section 504 I.P.C., one year's rigorous imprisonment under Section 506 I.P.C. and one years' rigorous imprisonment and Rs. 500/- fine under Section 3(1)(x) SC/ST Act with default stipulation.

(2.) Filtering out unnecessary details the prosecution case in brief is that an oral report was lodged by informant at the police station stating that the informant had got a lease executed in his favour, in which he had sown paddy. The accused-appellant Shiv Mohan wanted to trespass on this land for which the son of the informant had given an application at the police station.

(3.) On 6.11.1991 at 12 O'clock in the day time, when the informant was working in his field, the accused came to his field, he abused him, threatened to kill him and ran to beat the informant with a Lathi. He was saved by Gajju and Balak, at which accused-appellant fled away threatening to kill the informant. The informant has danger to his life and life of his family members. Thus, oral report was lodged, which ended into charge-sheet.