KUNWAR SEN Vs. VIR SEN

JUDGEMENT

(1.) THIS revision is directed against an order of acquittal passed by a Magistrate First Class, Mainpuri, in a case under Section 325 with Section 34, Penal Code.

(2.) THE pro3eoution story lies in a narrow compass. On 18. 11. 1968 at about 6 p. m. complainant Kunwar Sen was passing on a Rasta (pathway) which ran through the fields of the accused. When he was in the midst of the field the accused suddenly appeared armed with lathis and kulhari and questioned him as to why he was passing through their field. The complainant entreated to be excused and promised not to pass on that passage again. He also requested them to allow him to go out of the field. The accused, however, did not listen to his entreaties and attacked him with their respective weapons. On the alarm raised by the victim a number of villagers reached the scene and witnessed the occurrence. Complainant Kunwar San had received nine injuries one of which had resulted in fracturing his ulna bone of the right fore-arm. He was immediately taken to the hospital at Sirsaganj and on the next morning he lodged a report at the police station giving the essentials of the prosecution story.

(3.) AT the trial the prosecution version was supported by injured Kunwar San and two Other villagers Phadali and Badshah who stated to have seen the respondents striking the complainant on the Rasta.