DURGA AND ORS Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order dated 28.6.84, passed by K.P. Nigam, the then v. Ith Additional District and Sessions Judge, Fatehpur in Criminal Appeal No. 2 of 1984, confirming the judgment and order of the Ist Addl. Munsif Magistrate, Fatehpur in Case No. 202 of 1983, convicting the accused revisionists under Section 323, I.P.C. and sentencing them to undergo R.I. for a period of six months each and to pay a fine of Rs. 200 each and in default of the payment of the same to further undergo R.I. for a period of one month each.

(2.) The prosecution case is that on 5.6.81 at about 7.00 a.m. in village Kalim Khanpur, P.S. Zafarganj, district Fatehpur, the accused-revisionists were cutting the wall of the house of the complainant and when the complainant objected to the same the accused-revisionists abused him and assaulted the complainant and his brother Shade Lal by means of lathi and danda and caused the following injuries:

(3.) After needful trial into the matter the accused-revisionists were convicted by the trial Magistrate. Their conviction and sentence were confirmed by the lower appellate court of v. Ith Additional District and Sessions Judge, Fatehpur. Hence the revision.