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Criminal Revision No. 756 of 1988

Decided On: 03.01.2019

Appellants: Prempal and Ors. Vs. Respondent: State

Hon'ble Judges/Coram:
Aniruddha Singh


Aniruddha Singh, J.

1. Heard Sri Arvind Kumar Singh, learned counsel for revisionist No. 1 Prempal and revisionist no. 2 Rampal as well as Sri Mayank Mishra, learned Brief Holder for the State and perused the record.

2. This criminal revision has been preferred under section 397/401 Cr.P.C. challenging judgment and order dated 6.6.1988 passed by 1st Additional Sessions Judge, Ghaziabad dismissing Criminal Appeal No. 127/87 which was filed against judgment and order dated 2.9.1987 passed by 1st Munsif Magistrate, Ghaziabad convicting Prempal, Rampal, Bashir and Hukam Singh and sentencing to one month's simple imprisonment with fine of Rs. 200/- each under section 323 read with section 34 IPC and three months' simple imprisonment with fine of Rs. 300/- each under section 324 read with section 34 IPC; both the sentences to run concurrently and in default in deposition of fine, one month's simple imprisonment each under both sections.

3. Revision was preferred by Prempal. Rampal Bashir and Hukam Singh. During pendency of revision, revisionist no. 3 Bashir and revisionist no. 4 Hukam Singh died and revision was dismissed as abated vide order dated 20.7.2018.

4. According to prosecution case, FIR was lodged on 19.2.1985 under Sections 323, 324 IPC against four persons namely, Prempal, Rampal, Bashir and Hukam Singh alleging that on 18.2.1985 they alongwith two other persons assaulted Shankar Singh and Jagdish by lathi-danda and 'farsa' and caused them injuries. After investigation, charge sheet was submitted against Prempal, Rampal, Bashir and Hukam Singh. Cognizance was taken by the Court concerned. Charges were framed under Sections 323 read with 34 IPC, 324 read with section 34 IPC and 325 read with section 34 IPC. Accused persons pleaded not guilty and claimed to be tried.

5. Prosecution examined nine witnesses in their support. They are P.W. 1 Shankar Singh, P.W. 2 Jagdish, P.W. 3 Dharmpal, P.W. 4 Dr. K.D. Gupta, P.W. 5 Rajpal, P.W. 6 Rajbahadur Singh, P.W. 7 Dr. Gyanendra, P.W. 8 Dr. R.L. Saraswat, P.W. 9 Head Constable Sahadev Sharma.

6. Statements of accused were recorded under section 313 Cr.P.C. They denied offence and contended that they have been falsely implicated on account of enmity but did not adduce any oral evidence. They filed some documents showing that there was litigation going on between the parties and they were on inimical terms.

7. After hearing learned counsel for the accused as well as counsel for the State, impugned judgment dated 2.9.1987 was passed convicting Prempal, Rampal, Bashir and Hukam Singh under sections 323 read with section 34 and 324 read with section