BARU AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellants under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.'), is directed against the judgment and order dated 26.2.1996 passed by Additional Sessions Judge, Roorkee in Sessions Trial No. 127 of 1992, State of U.P. v. Baru and Ors. whereby the appellants Rajbeer and co -accused Leelawati have been convicted under Section 147, 452, 324/149, 325/149, 323/149 of Indian Penal Code, 1860 (for short, IPC) and accused appellant Rajbeer has been sentenced to undergo one year RI Under Section 147 IPC, six months RI Under Section 323/149 IPC, one year RI Under Section 324/149 IPC and two years RI Under Section 325/149 IPC. However, co -accused Leelawati was released on probation of good conduct. Accused appellants Baru, Dharamveer, Satpal and Rajendra have been convicted under Section 148, 452, 324/149, 325/149, 323/149 IPC and each of them have been sentenced to undergo one year RI Under Section 148 IPC, six months RI Under Section 323/149 IPC, one year RI Under Section 324/149 IPC and two years RI Under Section 325/149 IPC. Each of the accused appellants have also been sentenced to undergo two years RI along with fine of Rs. 500/ - each Under Section 452 IPC and in default of payment of fine, each of them have been directed to undergo six months RI. All the sentences of have been directed to run concurrently. However, each of the accused appellants and the co -accused Leelawati have been acquitted of the charge of offence punishable Under Section 307/149 IPC.

(2.) IN brief, the case of prosecution is that on 3.1.1992 PW3 Kiran Pal had gone to his field. Then he saw that Leelawti and Rajendra were cutting bursi in their field. He asked then not to cut the bursi but they had taken the bursi with them. On the same day, at 8 pm in the evening, the accused appellants and the co -accused Leelawati came in the house of the complainant and caused injuries to Kalu Ram (PW2), Krishan Pal (PW1), Kalyan Singh and Mahendra (PW4). With these averments, FIR Ex. Ka -1 was lodged on 4.1.1992 at 10.30 am with PS Manglore, District Haridwar.

(3.) INVESTIGATION of this case was entrusted to PW7 SI SS Yadav. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan Ex. Ka -13. During the course of investigation, he recorded the statements of the witnesses and after completing the investigation, filed the chargesheet Ex. Ka -17 against the accused appellants and the co -accused Leelwati.