BRAHMADEEN Vs. STATE

JUDGEMENT

(1.) BRAHMADEEN, Bankey Lal, Arjun, Ram Swarup, Prabhu Dayal, Sri Krishna alias Raja Babu, Akilesh Mahendra and Daya Shankar have filed this appeal against the order dated 13-5-1983 passed by Sri R. K. Srivastava, Xth Additional Sessions Judge, Sitapur convicting and sentencing them in Sessions Trial Mo. 978 of 1980.

(2.) ALL the appellants except Prabhu Dayal were convicted u/Sec. 308 IPC and were sentenced to under go 4 years R. I. each. Bankey, Prabhu Dayal and Brahmadeen were convicted u/Sec. 148 IPC and sentenced to 2 years R. I. each. Arjun Lal, Ram Swarup Sri Krishna alias Raja Babu, Akhlesh Mahendra and Daya Shanker were convicted u/Sec. 147 IPC and sentenced to one year's R. I. each. Prabhu Dayal. was convicted u/Sec 308 read with 149 IPC and he was sentenced to 4 years' R. I.

(3.) THE case of the prosecution is that at about 4.30 P.M. on 31-12-78 Sunil Kumar came out of his house situate in village Amramau P. S. Misrikh, Sitapur whereupon all the appellants had surrounded him and at the instigation of Prabhu Dayal who was armed with his licensed gun, the remaining appellants had assaulted him with banka and lathis. On the alarm raised by Sushil Kumar and his grand father Ram Bilas PVV 1 a number of persons including Ram Pal PW 3 were attracted to the scene of occurrence and on their intervention the appellants after causing injuries to Sushil Kumar made good their escape.