LAWS(ALL)-2017-9-292

RAM JAG Vs. STATE OF U P

Decided On September 08, 2017
RAM JAG Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Both the criminal appeals have been filed against the judgment and order dated 24.04.1997 passed by the Special/Additional Sessions Judge, Faizabad in Sessions Trial No.13 of 1993, whereby the appellants Ram Jag, Jagdamba Prasad, Ashok Kumar @ Nanhu and Sheo Nath Upadhyay were found guilty under Section 323 I.P.C. and were punished for imprisonment of eight months and fine of Rs.500/- each. In case of default of payment of fine they have to further undergo imprisonment for one month. Since both the appeals are connected and have a common question of law and fact, thus, these are decided by the common judgment. It was further directed that out of the fine deposited, an amount of Rs.1,000/- shall be paid to the complainant as compensation.

(2.) The brief facts giving rise to the present criminal appeal are that on 2.10.1992 at about 2 P.M. on certain altercation with taking possession of the land which was in dispute the accused/appellants caused injuries to the complainant party. The matter was reported to the police station and the First Information Report was lodged and after investigation, a chargesheet was submitted against the appellanta. Charges were levelled against the appellanta for which they pleaded not guilty and claimed for trial.

(3.) In order to prove the prosecution case, PW-1 Shukhdev, PW- 2 Smt. Usha Devi, PW-3 Ram Autar (S.I.) and PW-4 Dr. V. Kumar were examined.