JUDGMENT :

1. Heard Mr. Sulabh Kr. Srivastava, learned counsel for the revisionists and Ms. Mamta Pandey, learned Additional Government Advocate for the State.

2. Revisionists have filed the present revision challenging therein the judgement and order dated 9.03.2007 passed by First Additional Civil Judge, Junior Division/Judicial Magistrate, Gonda in Case No. 622/06/94 [State Vs. Atma Singh (deceased) and Others] whereby revisionists have been convicted for offences punishable under Sections 323, 325 and 504 I.P.C. Revisionists have also challenged the judgement and order dated 19.07.2007 passed by Additional Sessions Judge/Fast Track Court No.-4, Gonda in Criminal Appeal No. 14 of 2007 whereby the aforementioned conviction of the revisionists under Sections 323, 325 and 504 I.P.C. has been converted into conviction under Sections 323/34 and 325/34 I.P.C.

3. Brief facts of the case are that a criminal case was registered as N.C.R. No. 147 of 1992 under Sections 323 and 504 I.P.C. in Police Station Tarabganj, District Gonda. Later on Section 325 I.P.C. was added and after investigation, police submitted charge-sheet against the accused before the competent court.

4. Charges were framed against accused i.e. Atma, Saliq, Amar Bahadur and Raj Bahadur under Sections 323/34, 325/34 and 504 I.P.C. All the accused stated before Court that they are not guilty of the charges levelled against them and demanded for trial.

5. During trial, testimony of P.W.-1, Smt. Pushpa, P.W.-2, Heera Devi, P.W.-3, Dr. S.C. Vishwas, P.W.-4, Dr. G.N. Prasad and P.W.-5, Ram Lakhan Tiwari (police personnel) was recorded. Statements of accused were recorded under Section 313 Cr.P.C. and accused also produced D.W.-1, Braj Bahadur Singh and his testimony was also recorded.

6. P.W.-1, Smt. Pushpa deposed that on 3.7.1992 at about 5:00 p.m., she was inside her house in village, Brahdsthan Bouriha, Police Station Tarabganj, District Gonda. She heard a noise of her mother and, thereafter she reached on the spot outside her house and found that all the accused were beating her mother and when she tried to save her, all the accused started beating P.W.-1. P.W.-1 also deposed that ‘sahan’ of her house is on eastern side and house of the accused is on northern side of her house. Accused had put ‘jhakhra’ on the ‘sahan’ land and when her mother went to remove the said ‘jhakhra’, all the accused beaten her which resulted in injuries to her mother and when she tried to save her mother, they also beaten her and she also suffered injuries.

7. P.W.-2, Heera Devi deposed that about three and half years ago, accused put ‘jhakhra’ on the abadi land in front of her house with an intention to grab the said land and when she went to remove that ‘jhakhra’, accused started beating her with ‘lathi-danda’ and when her daughter, Pushpa came to save her then accused also beaten her and used abusive language. P.W.-2, Heera Devi in her cross-examination admitted that there was a land dispute between the accused and husband of the petitioner. P.W.-2 Heera Devi in her cross-examination also stated that she received six blows of lathi, fists and kicks. She further stated that her hand got fractured due to blow of lathi given by accused, Raj Bahadur.

8. Besides the testimony of P.W.-1 and P.W.-2, testimonies of other prosecution witnesses were also recorded. Accused in their defense produced D.W.-1, Braj Bahadur Singh and his testimony was also recorded.

9. Learned First Additional Civil Judge (Junior Division)/Judicial Magistrate, Gonda considered the evidence recorded during trial and ultimately found that accused are guilty of offences punishable under Sections 323, 325, 504 I.P.C. and thereby vide judgement and order dated 9.03.2007 convicted them under Sections 323, 325, 504 I.P.C.

10. During the trial, since accused Atma Singh and Raj Bahadur died, therefore, trial stood abated in respect of the said two accused.

11. Trial court sentenced Saliq Ram Singh and Amar Bahadur Singh with three years’