SHISHPAL Vs. STATE

JUDGEMENT

(1.) REVISIONIST Shish Pal was tried by IInd Assistant Sessions Judge, Budaun in S. T. No. 71 of 1984 for offences under Sections 308/34, I. P. C. , Police Station Bisauli, District Budaun and was convicted and sentenced for 4 years R. I. with fine of Rs. 2,500/- and in default of payment of fine to undergo six months further imprisonment for said offences. The revisionist challenged the aforesaid conviction and sentences in criminal appeal No. 227/1995 before Sessions Judge, Budaun. His aforesaid appeal was partly allowed and his conviction and sentences were modified from Section 308 to Section 325, I. P. C. with reduction sentence to two years R. I. with fine of Rs. 1,000/- on that count vide order dated 20-3- 1986 passed by 1st Additional District and Sessions Judge, Budaun. Aggrieved by the aforesaid conviction and sentence revisionist has preferred this revision before this Court.

(2.) THE prosecution allegations against the revisionist in bird eye view are that on 6-5-1983 revisionist had an altercation with Poshaki Lal over purchase of wheat. Motivated by the said altercation when Sohan Lal father of Poshaki Lal was returning to his house after selling the grossary, Shish Pal (present revisionist) exhorted by his father Ram Swarup assaulted Sohan Lal with lathi at 6. 30 p. m. , that day. Cry for help by the injured attracted Poshaki Lal, his brother and other co-villagers Radha Shyam, Nanhoo, Dhuru etc. who all witnessed the incident. THE accused persons father and the son took to their heels. Poshaki Lal brought the injured Sohan Lal to the police station Bisauli and lodged his scribed F. I. R. Sohan Lal injured was medically examined and X-rayed in District Hospital Budaun. THE usual investigation resulted into charge-sheet against the revisionist on which charge under Section 308, I. P. C. was framed by the Assistant Sessions Judge against the revisionist who denied the same and claimed to be tried.

(3.) ASSISTANT Sessions Judge finding the case of the prosecution proved to the hilt convicted the revisionist under Section 308, I. P. C. and sentenced him to 4 years R. I. with fine of Rs. 2,000/- which conviction and sentence, as has been mentioned above, was altered under Section 325, I. P. C. with sentence of 2 years R. I. and fine of Rs. 1,000/- by the lower appellate Court.