SWAMI DAYAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 18.05.1999 passed by IV Additional Sessions Judge, Hardoi in Session Trial No. 452 of 1991 arising out of Case Crime No. 119 of 1991, under Sections 323/34, 324/34 and 307/34 I.P.C., Police Station Tandiyawan, District Hardoi, whereby the court below had convicted the appellants and sentenced them to undergo R.I. for six months under Section 323/34 I.P.C. Trial court convicted the appellants under Section 324/34 I.P.C. and sentenced them to undergo R.I. for two years. Trial court also convicted the appellants under Section 307/34 I.P.C. and sentenced them to undergo R.I. for ten years.

(2.) Vide order dated 28th May, 1999, this Court while admitting the appeal, granted bail to the appellants. During the pendency of the present appeal, appellant no. 1-Swami Dayal s/o Kalika Prasad and appellant no. 3 Suresh s/o Swami Dayal died, as a result of which, appeal has been abated on their behalf vide order dated 30.08.2017.

(3.) As per prosecution story, on 21.09.1991, when the father of the complainant, namely, Chhotey Lal, was coming back to the house after morning rituals, at about 7 a.m., appellants, who were armed with lathi and banka, assaulted Chhotey Lal. On his alarm, when the uncle of the complainant, namely, Sri Ram reached at the place of incident to save Chhotey Lal, he was also beaten by the accused-appellants. Thereafter, the injured-Chhotey Lal was brought to the police station.