JUDGMENT :

1. List of cases has been revised and the case is being taken up in the revised call for hearing.

2. Heard Shri Kaushal Kishore Tewari, learned counsel for the appellants and Shri Hari Shanker Bajpai, learned A.G.A for the State.

3. The present appeal under Section 374 (2) of the Criminal Procedure Code has been preferred against the judgment and order dated 03-02-2004 passed by the court of Additional Sessions Judge/ Fast Track Court (III) Lakhimpur Kheri in S.T. No. 649 of 2000: State Vs. Dinesh Kumar and others, whereby the appellants were convicted and sentenced under sections 323 and 504 I.P.C. for six months rigorous imprisonment.

4. That Brief facts of the case are that the case emerged from the FIR lodged by PW-1, Nathulal stating that on 01-06-1999 when PW-1 (complainant) along with his family members was sitting in his house then accused / appellants armed with lathi and danda entered into the house of the complainant and started beating everyone and even committed loot over there. Complainant further stated that in this occurrence even his wife got injured.

5. On this allegation, Nathulal lodged a written report as Exhibit Ka-1 at Police station Kheri on 01-06-1999