RAM DAYAL Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. This revision arises out of judgment and the order-dated 24-4-96 passed by the learned Sessions Judge, Budaun in Criminal Appeal No. 57 of 19v4, Ram Dayal v. State of U. P. By this order, the learned Sessions Judge has dismissed the appeal filed by the accused revisionist and thereby he confirmed the order and judgment passed by the learned IIIrd Additional Chief Judicial Magistrate, Budaun on 2-12-94.

(2.) THE learned IIIrd Additional C. J. M. , Budaun had found the accused guilty on a charge under Section 323, IPC and sentenced him to 6 months R. I. and to pay a fine of Rs. 500. On failure to pay the fine, the accused was awarded 3 months additional S. I. THE accused was further found guilty on a charge under Section 325, IPC and was sentenced to undergo S. I. for a period of 2 years and to pay a fine of Rs. 500. On failure to pay the fine, 3 months' additional S. I. was awarded.

(3.) THE lady Smt. Ram Devi, PW 2 was medically examined. Swelling was found around her wrist. THErefore, radiological opinion was obtained. THE Radiologist report was that on the wrist joint, there was swelling and underneath, there was a fracture of radius.