LAWS(ALL)-2017-8-420

JAGESHWAR Vs. STATE OF U P

Decided On August 16, 2017
JAGESHWAR Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgment and order dated 21.12.1998 passed by Additional Sessions Judge, Lucknow, in Sessions Trial No.121 of 1997, whereby and whereunder the appellant/accused was found guilty under Section 323 and 504 I.P.C. and sentenced to undergo rigorous imprisonment for a period of six years, under Section 323 I.P.C. and two months rigorous imprisonment, under section 504 I.P.C., the appellant was also found guilty under Section 3 (1)(x) SC/ST Act and was punished with rigorous imprisonment for six months and a fine of Rs. 100/-

(2.) The brief facts giving rise to the present criminal appeal is that on 16.6.1994 at about 12.30 in the noon due to certain altercation between the parties on the point of animals entering into the field, the appellant used to abusive language and also caused injuries by beating with Danda. The matter was reported to the Police Station where it was registered and investigated. After investigation a chargesheet was submitted as aforesaid on which the learned court below took cognizance and charges were framed against the appellant. The appellant pleaded not guilty and claimed for trial.

(3.) In order to prove the prosecution case PW-1 Suresh, PW-2 Smt. Bachana, PW-3 Constable Yogendra Singh and PW-4 Dr. L.D. Shukla were examined. PW-5 Amar Singh Gautam was also examined to prove the fact of investigation.