Document Fragment View

Matching Fragments

Prosecution Story

3. As per prosecution case on 16.03.1987 at about 12.30 afternoon the Informant-Paras Yadav was taking water for agriculture purpose from the pumping set of Baijnath Yadav. At that time accused persons came and objected the Informant from taking water. Resultently a scuffle started wherein accused persons started assaulting Informant by Lathi and Stick. During this informant's uncle Baijnath Yadav and his Badi Maa, Smt. Savitri Devi reached there in order to save him but accused persons assaulted them also. The occurrence was witnessed by Murat, Sakin and Ram Das.

"Injury Report of Injured-Paras Yadav ¼1½ QVk gqvk ?kko 4x0.5 ls0eh0 gM~Mh rd xgjk] flj ds ihNs dh fgLls ij ckbZ rjQ dku ls 6 ls0eh ihNs] ;g pksV lwtu ls f?kjh gqbZ Fkh vkSj lwtu dk vkdkj 4 x 4 ls0eh0 Fkk] ftlls jDr cg jgk FkkA MkDVj dh jk; esas ;s pksVsa rkth Fkh fdlh l[r vkSj dqUn cLrq }kjk igqapk;h x;h Fkh vkSj fuxjkuh esa j[kdj flj ds ,Dl&js dh lykg nh x;h FkhA"
"Injury Report of Injured-Savitri Devi ,d QVk gqvk ?kko 1x0.5 ls0eh0 [kky rd xgjk ck, mijh ckg ds chp ds fgLls esa ckgj dh vksj vk;h Fkh] ;s lwtu ls f?kjk Fkk o jDr L=ko gks jgk FkkA ;s pksV lk/kkj.k vkSj dqUn ,oa l[r oLrq }kjk rkth igqapk;h x;h Fkh"

Charge

6. After completion of investigation charge sheet was submitted and charges under Sections 304/34, 323/34 IPC were framed against all the accused, to which they denied and claimed trial.

Prosecution Witnesses

7. In support of its case prosecution examined, in all, eight witnesses, namely, Paras Yadav, Complainant (PW-1); Ram Murat, eye witness (PW-2); Dr. R.C. Singh (PW-3); Jai Prakash Yadav, eye witness (PW-4); Constable Muhammad Wazir Khan (PW-5); Sub-Inspector, Surya Mani Tiwari (PW-6); Dr. K.M. Tiwari (PW-7); and, Sub-Inspector, Prem Chandra Misra (PW-8).

22. In the result, appeal is partly allowed. Judgment and order dated 13.02.1992 passed by Third Additional Sessions Judge, Ghazipur in Session Trial No. 344 of 1987 (State vs. Natha Yadav and others), is hereby modified to the extent that period of imprisonment is confined to the period already undergone and sentence of fine of Rs. 10,000/- remained unaltered, provided that surviving Appellants No. 1 and 3, shall pay Rs. 15000/- each to the injured witness, Paras Yadav towards compensation or deposit the same with concerned Court within eight weeks after their release from jail. In case the compensation is deposited before the Court, it will ensure timely payment to injured witness, Paras Yadav. In case compensation is not paid or deposited, as directed above, Appellants No. 1 and 3 have to serve remaining sentence.