LAWS(ALL)-2017-9-301

HARI BANSH TIWARI Vs. STATE OF U P

Decided On September 14, 2017
Hari Bansh Tiwari Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgment and order dated 15.12.1997 passed by Sessions Judge, Pratapgarh, in Sessions Trial No.305 of 1991, whereby and whereunder the appellant/accused Hari Bansh Tiwari was found guilty under Section 307 I.P.C. and sentenced to undergo rigorous imprisonment for a period of three years, under Section 307 I.P.C. and fine of Rs.1000/-. In case of default of payment of fine he has to further undergo rigorous imprisonment for a period of three months.

(2.) The brief facts giving rise to the present criminal appeal are that the village of the complainant Suresh Narain was being electrified under the scheme of the U.P. Government. The electric poles were being brought in a Tractor-trolley on 26.01.1989. When the tractor-trolley reached in front of the grove of Sharda Prasad situated in village Ram Nagar Bhojpur, near the village of accused persons, they opposed it and forced the tractor-trolley to go in their village but the complainant objected that his village would be electrified first. On this certain exchange of words took place and accused/appellant started to beat and caused injuries to the injured by Farsha. The matter was reported to the Police Station where it was registered and investigated. After investigation a chargesheet was submitted for 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 Narain Tiwari, PW- 2 Bharat Pasi, PW-3 Rudra Narain Singh I.O. PW-4 Dr. P.K. Srivastava, PW-5 Dr. Suneel Kumar Trivedi and PW-6 Gulab Chandra were examined.