RAM ASREY Vs. STATE OF U P

JUDGEMENT

(1.) RAM Asrey, RAM Pal and Subedar who were convicted under Sections 324 and 323/34, I.P.C. respectively by Sri O. P. Garg, the then IVth Addl. Sessions Judge, Fatehpur vide his Judgment and order dated 11.4.1980 have come up In appeal before this Court.

(2.) THE prosecution case briefly stated is as under : THE accused appellants and victim Chandra Pal, who is since dead, were members of the one and the same family. Ram Pal is the uncle while Subedar and Ram Asrey are cousins of the injured Chandra Pal. THE prosecution claimed that on 29.5.1976 at about 5 a.m. in village Dariyabad, P. S. Lalolauli, District Fatehpur, the accused appellant Ram Asrey had opened fire by means of a country-made pistol. Accused Ram Pal who assaulted injured Chandra Pal was armed with pharsa. He assaulted the injured by means of pharsa from reverse side. Accused appellant Subedar was armed with a lathi, but he did not wield the same. As a result of the assault made by the accused appellants, Chandra Pal sustained the following injuries :

(3.) IT was argued by the learned counsel for the accused appellants before this court that accused Rampal and Subedar have already furnished surety bonds to the satisfaction of the court below.