BRIJ NATH RAI Vs. STATE

JUDGEMENT

(1.) THIS application for revision is directed against the judgment and order passed by the learned Additional Sessions Judge, Ballia.

(2.) THE applicant and four other persons were sent up to stand their trial on charges under Sections 147 and 323/ 149 IPC One of the five accused persons died during the trial. THE learned Assistant Sessions Judge convicted the remainining four accused persons of offences under Sections 147 and 323/149 IPC and sentenced them on those charges. All of them preferred an appeal. THE learned Sessions Judge allowed the appeal of three of them holding that it was not proved that they had taken part in the occurrence. In view of this finding the learned Sessions Judge acquitted the applicant of the charges under Sections 147 and 323/149 IPC. He, however, convicted the applicant of the offence under Section 323 IPC simpliciter on the ground that, though it was not mentioned in the first information report that the applicant had wielded the lathi, the evidence showed that this was so and that the evidence established that it was he who had caused the injury to the victim. Against this judgment and order of the learned Sessions Judge the present revision application has been filed.

(3.) THE application is allowed and the conviction and sentence of the applicant are set aside. Application allowed.