- (1.)THIS revision has been preferred against the judgment and order dated 30.06.1986 passed by the Ist Additional Sessions Judge, Bulandshahr in Criminal Appeal No. 141 of 1985 confirming the judgment and order passed by the Xth Additional Munsif Magistrate, Bulandshahr convicting and sentencing the revisionist to one year's rigorous imprisonment under section 452 IPC and one year's rigorous imprisonment under section 324 IPC.
(2.)BRIEF facts of the case are that prior to the occurrence altercation took place between the brother of the complainant Bishambar and Ramesh, which matter was subsided by the villagers, but even then Ramesh was on inimical terms with the brother of the complainant. On 03.12.1982 at 12, O'clock in the day time when the brother of the complainant Bishambar was sleeping in the room of Gopal, the accused Ramesh armed with a knife came and entered the room and inflicted three blows of knife on the brother of the complainant. This occurrence was witnessed by Ratan Lal, Ganga Ram, Indra and the complainant. All the witnesses and the complainant tried to catch hold of the accused, who ran away. The complainant came along with his brother to lodge the report. Thereafter the report was lodged. After investigation charge sheet was submitted against the accused person under sections 324, 452 IPC,
(3.)THE accused was charged under sections 324, 452 IPC, who pleaded not guilty and claimed to be tried.
The prosecution examined PW -1, the complainant Heta, PW -2 Vishal Singh alias Bishambar, PW -3 Indra, PW -4 S.I. Manna Lal, PW -5 Dr. R.R. Tyagi. In the statement under section 313 Cr.P.C., the accused said that he has been falsely implicated and he had not committed the offence. The learned Magistrate after perusing all the evidence on record convicted the accused as has been mentioned above.