BAIJ NATH Vs. STATE OF U P

JUDGEMENT

(1.) B. A. Zaidi, J. Heard SriSriprakash Dwivedi,Advocate for the applicant and Addl. Government Advocate for the State:

(2.) THE accused is charged under sec tions 302, 323 Indian Penal Code, THE ac cused is said to have assaulted his own nephew on a minor issue. He is said to have beaten up the deceased with lathies while his son co-accused Sharda inflicted blows with an axe. THE accused-applicant is 62 year of age and he used only a lathi in assaulting the deceased. According to the post-mortem report, there are five blunt weapon injuries, four contusions and an abrasion, which would have been caused by a Lathi. THEre are no fatal blunt weapon injuries.