JUDGMENT

Lok Pal Singh, J. - This criminal revision is directed against the judgment and order dated 08.08.2012 passed by the learned Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Criminal Case No.450 of 2011 "State Vs. Krishnapal Sharma & others", whereby the revisionists have been convicted under Section 326 of IPC, and has been sentenced to undergo three years of rigorous imprisonment with a fine of Rs.3,000/- (Rupees Three Thousand Only) under the aforesaid section, with default stipulation. Against the order dated 08.08.2012, the revisionists/accused filed an appeal before the Sessions Judge, Udham Singh Nagar in Criminal Appeal No.181 of 2012, which too has been dismissed vide order dated 13.12.2012. Hence, the present criminal revision before this Court.

2. Prosecution story in brief is that according to appellant/complainant Hardari Lal S/o Sohan Lal, R/o Ward No.4, Nayi Basti, Rudrapur, District Udham Singh Nagar got lodged an FIR on 18.06.2009, at Police Station Kotwali, Rudrapur, District Udham Singh Nagar, stating therein that he is a labourer and maintaining his family by doing labour work. The incident is of 18.06.2009 at about 06:30 that his neighbours,