- (1.)THIS revision has been preferred against the judgment and order dated 26.03.2003 passed by the Additional Chief Judicial Magistrate -IV, Bareilly in Criminal Case No. 2334 of 2000 (State vs. Krishna Kumar) under sections 323, 324 IPC, PS Shahi, district Bareilly and the order dated 03.02.2004 passed by the Additional Sessions Judge, Court No. 8, Bareilly in Criminal Appeal No. 37 of 2003 (Krishna Kumar vs State), whereby the appellate court upheld the conviction and sentence against the revisionist for six months' rigorous imprisonment under section 324 IPC.
(2.)BRIEF facts of the case are that the dispute was pending between the complainant Sukhnandan and his elder brother Krishna Kumar. Both have compromised many times, but the accused did not stick to the compromise. On 18.11.1997 at about 6.00 a.m. when the complainant was going towards his fields, the accused Krishna Kumar started assaulting Dhandevi, the wife of the complainant. When the complainant heard shrieks of his wife and asked the accused why he was assaulting his wife, the accused also assaulted the complainant with gandasa and caused injuries on his head. On hue and cry being raised, Nandan Kishore, Satish and Pappu came on the spot, who saved the complainant. On the basis of this report, investigation started and charge sheet was submitted against the revisionist under sections 323 and 324 IPC.
(3.)CHARGES were framed against the revisionist under sections 323 and 324 IPC. The accused revisionist denied the charges and claimed to be tried.
The prosecution examined PW -1 Sukh Nandan, PW -2 Smt Dhan Devi, PW -3 S.I. Prem Shankar Dixit, PW -4 Dr. Samir Pradhan and PW -5 Constable Harpal Singh.