SHYAM BIHARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') has been filed by Shyam Bihari, Ram Shiroman, Dharm Nath and Madan against judgment of conviction and sentence made therein in Sessions Trial No. 98 of 2005, State of U.P. Versus Shyam Bihari and others, arising out of N.C.R. No. 14 of 2004, under Sections 323/34, 504 I.P.C., Police Station Durgaganj, District Sant Ravidas Nagar, Bhadohi, passed by court of Additional Sessions Judge, Court No. 3, Bhadohi-Gyanpur, wherein convicts-appellants have been sentenced with six months' simple imprisonment and fine of Rs.500/- and in case of default one month's additional simple imprisonment for offense punishable under Section 323/34 I.P.C. and one year simple imprisonment with fine of Rs.1,000/- each and in default one month's additional simple imprisonment under Section 504 I.P.C. with a direction for concurrent running of sentences.

(2.) The memo of appeal contends that trial court failed to appreciate facts and law placed before it. Prosecution story was fabricated. According to evidence on record, no case was made out against appellants. Even then, they have been convicted and sentenced, as above. Medical evidence was against oral testimony, which was with all inconsistencies and contradictions. No specific motive was assigned for commission of alleged offence. Impugned judgment was based on surmises and conjectures. Hence, this appeal is with a prayer for setting aside impugned judgment of conviction and sentence dated 17.09.2011 with a further prayer for grant of acquittal against charges levelled against appellants.

(3.) From the very perusal of record of trial court and impugned judgment, it is apparent that a report of non-cognizable offence bearing No. 14 of 2004, under Sections 323/34, 504 I.P.C. was got registered at Police Station Durgaganj, District Sant Ravidas Nagar, Bhadohi against Shyam Bihari, Ram Shiroman, Dharm Nath and Madan, upon report of informant Ram Sajivan Harijan, S/o Banshiram Harijan, R/o Gangarampur, P.S. Durgaganj, District Sant Ravidas Nagar, Bhadohi on 12.07.2004 at 10.30 A.M. for the occurrence of 9.30 A.M. of the same day by detailed narration that chak road was being constructed over spot for use of complainant and his family members, but this was being obstructed and damaged by accused persons. It was protested. They assaulted informant and other members of his family by lathi-danda, therein Ram Ujagir, Shyamlal, Hubraji, Udairaj and Pintu were badly injured. This was Ext.Ka-1. In compliance of order of Court under Section 155 Cr.P.C. (Ext.Ka-2), matter was investigated, wherein Site Map (Ext.Ka-3) was prepared and after recording statement of witnesses, under Section 161 Cr.P.C., Charge Sheet (Ext.Ka-4) was filed. Magistrate took cognizance over it and held that above occurrence was a cross case version of Case Crime No. 162 of 2004, under Sections 147, 304, 149, 325, 323, 504 I.P.C., Police Station Durgaganj. Learned Judicial Magistrate-I, Bhadohi-Gyanpur vide order dated 15.07.2005, committed this file to the court of Sessions for trial as cross-case of above sessions trial, from where this file was transferred to Court of Additional Sessions Judge, Court No. 3 Bhadohi at Gyanpur. After hearing learned Public Prosecutor as well as learned counsel for defence, accused Shyam Bihari, Ram Shiroman, Dharm Nath and Madan were charged for offences punishable under Sections 323/34, 504 I.P.C. It was read over and explained to accused persons, who pleaded not guilty and claimed for trial.