ARUN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The three uterine sibling brothers Arun Kumar, Hare Krishna and Sanjai Kumar, all sons of Hari Mohan Vyas resident of village Sikri Vyas police station Kotra District Jalaun at Orai have invoked the revisional jurisdiction of this Court under Sections 397/411 IPC, challenging their convictions under Section 323/34 and 325/34 IPC and sentences for six months simple imprisonment and a fine of Rs. 500/- each on the first count and two years simple imprisonment with fine of Rs. 1,000/- each on the second could recorded by Judicial Magistrate/civil Judge (Jr. Division) Jalaun at Orai by his impugned judgment and order dated 18-4-2006 passed in criminal case No. 95 of 2005, State v. Arun Kumar and Ors. , relating to crime No. 30 of 2002, P. S. Kotra, District Jalaun at Orai which conviction and sentence have been confirmed in Criminal Appeal No. 13 of 2006, Arun Kumar and Ors. v. State, by Session's Judge, Orai vide his impugned judgment and order dated 5- 2-2007.

(2.) PROSECUTION case against the revisionists as is perceptible from the facts mention in both the judgments are that Rajesh Kumar Vyas (injured) son of Madsudan Vyas (informant) had gone to search for his buffalo on 24-3-2002 at 10 a. m. when near his field in village Sikri Vyas his relatives Arun Kumar Vyas, Hare Krishna Vyas and Sanjai Kumar Vyas, the three accused revisionist, vetuparised him because the injured asked them as to why they had stopped his labour from cutting the crops and accused revisionist Sanjai with axe and rest of the two accused revisionist with Lathis assaulted him at 11 a. m. that day. Cry for help from the injured attracted Govind Das, Udai Pal Singh, Nand Kishore and many other co-villagers who saved his life.

(3.) ACCUSED revisionist in their statement under Section 313 Cr. P. C. pleaded the usual defence of denial and false implication.