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2023 Supreme(All) 1433

RAM MANOHAR NARAYAN MISHRA
Radhey Shyma – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Ajeet Kumar

JUDGMENT :

1. Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the record.

2. Instant Criminal appeal has been preferred against judgment and order dated 03.06.2014 passed by learned Sessions Judge Court No. 8 Barabanki in Criminal Appeal No. 88/20213, whereby the judgment and order dated 23.08.2013 passed by learned trial court convicting the appellants from charge under Sections 323, 504 I.P.C. and releasing them on probation of good conduct has been affirmed. The revisionist has assailed the judgment and orders of both the courts below the Trial Court as well as the appellate court in present Criminal Revision.

3. The factual matrix of the case in brief of that the informant Abdul Majid lodged a non-cognizable report before Police Station Kotwali Nagar, District Barabanki by oral information to the effect that the accused persons Pratap Narayan, Tej Narayan, Radhey Shayam and Pawan Kumar asked to dig the platform (chabutra) of the informant, when he objected the accused persons assaulted him by sticks, his son Mohd. Siraj ran to save him on cries of his father but the accused assaulted him also. The co-villagers rushed to the spot on commotion

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