FOOLBADAN Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals emanate from the common judgment and order dated 25.07.2015 passed by learned Sessions Judge, Mau in Sessions Trial Nos. 110 of 2012 (State Vs. Rama Shankar and otehrs) and 203 of 2013 (State Vs. Gaurishankar @ Bhuwar) arising out of Case Crime No. 828 of 2011 under Sections 307, 302, 324 read with section 34, 352, 504, 506 IPC, Police Station Haldharpur, District Mau by which appellants have been convicted and sentenced under Section 302/34 IPC with life imprisonment and fine of Rs. 10,000/- for each, in default of payment rigorous imprisonment for a period of two months; under Section 307/34 IPC with rigorous imprisonment for the period of five years' and fine of Rs. 2000/- for each, in default of payment rigorous imprisonment for a period of one month; under Section 324/34 IPC with rigorous imprisonment for a period of one year for each; under Section 352 IPC with rigorous imprisonment for a period of one month each; under Section 504 IPC with rigorous imprisonment of three months' for each and under Section 506 IPC with rigorous imprisonment for a period of one year for each which are to run concurrently, therefore these appeals are heard and being decided together.

(2.) The prosecution case in brief is that on 06.11.2011 at 3.00 P.M. informant Anil Kumar s/o Yodhan r/o Bilaujha (Banati), Police Station Haldharpur, District Mau alongwith his brothers Sunil, Pappu and Arvind was cutting down the boundary line of his field located beside Saiyad Baba in SHEEVAN of Naseerabad Kala. His cousin Rama Shankar, Surjeet @ Loha, Gaurishankar @ Bhuwar and their brother-in-law Phoolbadan came there and assaulted them with sticks and spade. Surjeet @ Loha was armed with spade and others with sticks. Surjeet @ Loha exhorted to kill them. They fell down on the ground as a result injured-Sunil and Pappu became unconscious. Informant and his brother Arvind cried for help. Villagers came there. Then accused-appellants fled away from the spot but Pappu succumbed to injuries and Sunil was brought to the hospital with the help of villagers where he also succumbed to injuries.

(3.) On the same day at 4.15 P.M. informant Anil Kumar lodged the F.I.R. at Police Station Haldharpur against accused-appellants Rama Shankar, Surjeet @ Loha, Gaurishankar @ Bhuwar and Phoolbadan as Case Crime No. 828 of 2011 under Section 307, 302, 324, 352, 504, 506 IPC read with Section 34 IPC. Entry of F.I.R. was made in G.D. Report No. 27 and chitthi majroobi of injured Sunil Kumar was prepared and he was sent to the hospital for treatment. Investigation of the case was handed over to Station Officer S.I. Indrajeet.