BADAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against a judgement and order dated 01.7.1986 passed by the learned Special Judge (Essential Commodities Act), Mainpuri in Session Trial No. 191 of 1985 (State Vs. Badan Singh and another), under Sections 308/34 and 323/34 IPC, police station Karhal, district Mainpuri whereby learned Judge convicted and sentenced the appellants to three years' RI under Sections 308/34 IPC and six months' RI under Section 323/34 IPC. However, both the sentences were directed to run concurrently.

(2.) In short compass, the facts of the case are that a written report was handed over by the first informant Batti Singh at the police station Karhal to the effect that on 18.12.1984, some quarrel took place between his cousin Kariya on one side and Rakesh, son of Badan Singh on the other. When Munno Devi, sister-in-law of the complainant tried to pacify the matter, she was assaulted by Badan Singh, Siya Ram, Ramesh and Surajpal by lathi, danda, and Khanta, resultantly she received severe injuries on her person and head. While Rajkumari tried to save, Munno Devi, she was also assaulted by them, due to which she also sustained injuries. In addition to the first informant, the incident was witnessed by Lakhan Singh, Hira Singh and several other persons of the vicinity, who saved the injured. On account of the injuries sustained by Munno Devi, she became unconscious.

(3.) On the basis of the aforesaid written information, a case was registered at case crime No. 215 of 1984, under Section 308 IPC, police station Karhal, district Mainpuri.