KRISHNA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.K. Tripathi, learned Counsel for the appellant, learned AGA and perused the record. This appeal has been filed against the judgment and order dated 12.4.1984 passed by Additional District and Sessions Judge, Kanpur in Sessions Trial No. 518 of 1982 convicting the appellants under sections 148, 324 read with section 149, IPC and appellant Shri Kishan and Kamlesh convicting under section 147 read with section 149, IPC and sentencing to appellant No. 3 Brijesh and appellant No. 4 Awadesh to undergo rigorous imprisonment for six months for offence punishable under section 148, IPC. They are further sentenced to undergo rigorous imprisonment for one year for the offence punishable under section 324 read with section 149, IPC. Accused Sri Krishna and Kamlesh each is sentenced to undergo three months rigorous imprisonment for offence under section 147, IPC and further sentenced to undergo R.I. for one year under section 324 read with section 149, IPC. All the sentences of all the accused shall run concurrently.

(2.) The prosecution case in brief is that complainant Ram Asrey and all the accused are neighbourers and are residents of Nawabganj, P.S. Nawabganj. The incident took place on 5.4.1981 at about 6.15 p.m. Ram Asrey complainant along with his son was going to vegetable market to purchase vegetables. When he reached near the house of Chunni Lal in Sunhari Gali, all the accused persons and Manoj met him. Manoj and accused Suresh were having country-made pistols, while accused Awdesh and Brijesh were having knives and the remaining two accused were having lathis. They all surrounded Ram Asrey and asked him as to why he interfered with in their dispute with one Kali Nigam yesterday. At this Ram Asrey replied that he will not permit them to do Gundagardi in the mohalla. All the accused persons got enraged and exhorted to murder Ram Asrey. In the meantime Munna Lal, Prem Narain, P.W. 3 and P.W. 4 and others also reached there. Manoj who is absconding, fired a shot by his pistol towards Ram Asrey which injured him. Therefore, all the accused persons ran away towards vegetable market.

(3.) After the incident, Ram Asrey got written FIR, Ex. Ka. 2 of this incident from Puttan Lal and went to Police Station Nawabganj. He got it there. Chik Report Ex. Ka. 3 was prepared by Sri Krishna Mohan Sharma, Head Moharir on 5.4.1981 at 7.05 p.m. He registered the case on the G.D. Ex. Ka. 4 immediately and Ram Asrey was sent for medical examination.