HARI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been preferred by Hari Singh and three others against the rejection of their appeal by the III Additional Sessions Judge, Agra, against their conviction under S.332, I.P.C., sentencing them to one month's imprisonment and a fine of Rs. 200/-.

(2.) Smt. Kasturi Devi, revisionist No. 4, is a Safai Karamchari in Nagar Palika, Shamshabad, District Agra. Hari Singh, revisionist No. 1 is her husband and was an employee of the District Hospital, Shamshabad. On 27-10-1983 at 2 p.m. Ram Prakash, Safai Nayak, reported Smt. Kasturi Devi to be absent from her duty hours in the morning. There upon these two revisionists along with Rusi and Karan Singh came there and started assaulting Ram Prakash, Kasturi Devi threw brick bats. Ram Prakash and one Suresh were injured. On the F.I.R. lodged regarding this incident, the case proceeded under S.332, I.P.C. and the accused were convicted and sentenced as mentioned above. Now they have preferred this revision.

(3.) The revision was admitted on the point of sentence only. During arguments it was contended that the learned counsel for the revisionists that the offence made out, in fact, is not under S.332, IPC but under S.323, IPC. The incident is alleged to have taken place at the time when Ram Prakash was taking attendance of the Safai employees. Both the courts below have found the revisionists guilty under Section 332, IPC and the revision has been admitted on the point of sentence. Therefore, this contention on behalf of the revisionists cannot be accepted.