NATHA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal was initially filed by four appellants, namely, Natha Yadav, Prabhu Nath, Mahendra and Godhan. However, appeal qua to Appellant-2, Prabhu Nath and Appellant-4, Godhan was abated vide order of this Court dated 23.05.2018. Sri Jawahir Yadav, Advocate has appeared on behalf of surviving Appellants-1 and 3.

(2.) This appeal has been preferred against 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), whereby appellants were convicted under Sections 304/34, 323/34 IPC and sentenced for ten years rigorous imprisonment with fine of Rs. 10,000/- and in case of default, sentence of six months rigorous imprisonment under Section 304/34 IPC and six months rigorous imprisonment with fine of Rs. 500/- and in case of default, one month rigorous imprisonment under Section 323/34 IPC. 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.