UMESH TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) Mr. J.P. Singh, III Additional Munsif Magistrate Fatehpur by his order dated 22- 2-1984 found Umesh Tewari guilty of offence under section 332 of the I.P.C. convicted him accordingly and sentenced him to one years rigorous imprisonment. This order was passed in criminal case No. 198 of 1981.

(2.) An appeal being No. 32 of 1984 was then preferred by Umesh Tewari and it came up for hearing before Shri Dinesh Mohan Arya H.J.S., IVth Additional Sessions Judge of Fatehpur. The learned Judge disposed it of on 14.8-1984 upholding the conviction and sentence and dismissed the appeal in toto. Then this revision has been filed.

(3.) Briefly stated, the prosecution case was that on 2-5-80 at about 10 in the morning the complainant Hafizullah Khan was returning from his invigilation duty from the Janhitkari Inter College, Khaga Fatehpur earlier in the day. He had stopped the accused Umesh Tewari in his attempt to help his brother in copying out the answers of the questions see in the examination and had also stopped him from molesting the girl-students. Out of this ranjish, the accused-revisionist suddenly appeared on the way and gave him lathi blows, as a result of which he sustained injuries. He got himself medically examined the same day and then lodged the first information report. In support of the prosecution case, Hafizullah Khan entered the witness box as his own witness aIld also examined Sri Sat Sarup Singh who also was an eyewitness.