GUTTO AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal has been filed by the accused persons of S.T. No. 58/1990 State vs. Gutto and 11 ors., under Section 147, 323/149, 324/149, 304 Part-II/149 IPC, P.S. District Barabanki against the judgment and order dated 11.10.1990 passed by 3rd Additional Session Judge, Barabank. By the impugned judgment and order, learned Session Judge held guilty and sentenced them for the offence under Section 147 for 1 year R.I.; under Section 323/149 1 year R.I.; under Section 324/149 for 2 years R.I., and under Section 304 Part-II/149 for 3 years R.I., and also ordered that all the sentences shall run concurrently.

(2.) DURING the pendency of the appeal, one of the appellant Hari Ram had died so orders for abating the appeal were passed vide order dated 20.07.2009.

(3.) RECORD shows that regarding this occurrence another report was lodged by accused Gutto with the averments that on 08.08.1988 in the noon Kayum son of Abid came at his house under the pretext for taking the Kuja and he molested his daughter Geeta. His wife reached there, but Kayum succeeded in escaping there. His daughter made complaint to them. He went to the house of Kayum. He denied the allegations. He kept mum to save the prestige of his family. In the evening at about 7'O clock Biradri persons of Abid assembled and when he was going to collect the water, they challenged him and said to see him. Abid, Hamid, etc., (names given in the FIR) started to abuse and threatened him and forced him to run. He raised alarm. Accused persons with the help of ladhi and dandas started beating him. For his rescue, his family members reached there. They were also beaten by the accused by the use of lathi and dandas. Villagers assembled there and they saved them. On this report also a cross case was registered at the police station concerned.