SHIV NAYAK Vs. STATE OF U P

JUDGEMENT

(1.) This is revision against the judgment and order dated 29.7.2005, passed by learned Additional Sessions Judge, Faizabad in Criminal Appeal No.67/2002, whereby the judgment and order dated 08.10.2002 passed by the learned Additional Chief Judicial Magistrate, Faizabad in criminal case no.1578/2002, arising out of crime no.224/93, Police Station Poora Kalandar, District Faizabad, was confirmed wherein the accused- revisionist were convicted and sentenced under section 323, 325 IPC for six months' simple imprisonment and one year rigorous imprisonment and fine of Rs.2000/- with default stipulation. Both the sentences were directed to run concurrently.

(2.) According to the prosecution version, on 07.6.1993 at about 10:00 AM when the complainant-injured Raja Ram Tiwari was passing through the ''sahan darwaja' of accused persons then accused Shiv Naik, Ram Naik and Raj Naik, who are real brothers, attacked him by ''danda' due to the old enmity. Injured sustained fracture and other injuries. Incident was seen by Mast Ram, Indrapal. A written report was submitted by the injured at police station Poora Kalandar on 07.6.1993 at 12:05 wherein a case crime no.225/1993, under section 323, 325, 504, 506 IPC was registered. Injured was medically examined at 02:00 PM at PHC Masaudha, Faizabad by Dr. F.B. Singh. After investigation charge sheet was submitted against the accused-revisionist.

(3.) Accused were charged under section 304, 323, 325, 504, 506 IPC who denied the charges and claimed trial. Prosecution has produced PW-1 Mast Ram (declared hostile), PW-2 Indrapal (declared hostile), PW-3 injured and complainant, PW-4 Dr. F.B. Singh, PW-5 D.R. Shukla Radiologist, PW-6 S.I. Prem Shankar Dixit. After appreciating the evidence on record, the learned trial court came to the conclusion that the evidence of PW-3 Raja Ram Tiwari is wholly reliable which is supported by the medical evidence. Accordingly, finding of conviction was recorded against the accused.