RAM SAJEEVAN YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Under challenge in these appeals is the judgment and order dtd. 29/3/2008 passed by the learned Additional Sessions Judge, Fast Track Court No.29, Barabanki in Sessions Trial No.340 of 1993 arising out of Case Crime No.08 of 1993, under Ss. 302/34 of Indian Penal Code (hereinafter referred to as "I.P.C.") and Ss. 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as "S.C./S.T. Act"), Police Station Tikait Nagar, District Barabanki whereby the appellants, namely, Ram Sajeevan Yadav and Gaya Chamar (in Criminal Appeal No.967 of 2008) have been convicted and sentenced to undergo life imprisonment with a fine of Rs.5,000.00 each for the offence under Sec. 302/34 I.P.C. and in default of payment of fine, the appellants have further been directed to undergo three months' additional rigorous imprisonment. The appellant No.1, Ram Sajeevan Yadav has also been convicted and sentenced to undergo three months' imprisonment for the offence under Sec. 323/34 I.P.C. The appellant No.1, Ram Sajeevan Yadav has also been convicted and sentenced to undergo life imprisonment with a fine of Rs.2,000.00 for the offence under Ss. 3(2)(v) S.C./S.T. Act and in default of payment of fine, the appellant No.1, Ram Sajeevan Yadav has further been directed to undergo one month's additional rigorous imprisonment. The appellant No.1, Ram Sajeevan Yadav has also been convicted and sentenced to undergo six months' imprisonment with a fine of Rs.1,000.00 for the offence under Ss. 3(i)(x) S.C./S.T. Act and in default of payment of fine, the appellant No.1, Ram Sajeevan Yadav has further been directed to undergo fifteen days' additional rigorous imprisonment. The appellant No.2, Gaya Chamar has also been convicted and sentenced to undergo three months' imprisonment for the offence under Sec. 323 I.P.C. All the sentences are directed to run concurrently.

(2.) Since the aforesaid criminal appeals have been preferred against the judgment and order dtd. 29/3/2008 passed by the learned Additional Sessions Judge, Fast Track Court No.29, Barabanki in Sessions Trial No.340 of 1993 arising out of Case Crime No.08 of 1993, under Ss. 302/34 of Indian Penal Code and Ss. 3(i)(x) S.C./S.T. Act, Police Station Tikait Nagar, District Barabanki, therefore, they have been heard together and are being decided by a common judgment.

(3.) The prosecution story as culled out from the first information report, Ex. Ka-3 is that the first informant, Mansharam submitted a written report, Ex. Ka-1 to Police Station Tikaitnagar, District Barabanki stating therein that road levelling work was being done in his village. This work was being got done by the Gram Pradhan. The accused/appellants, namely, Kicchi @ Ram Surat (in Criminal Appeal No.1202 of 2008) and Gaya Chamar (in Criminal Appeal No.967 of 2008) wanted that the excavation of earth for levelling of road should be done from the east side of existing road. The son of the first informant, namely, Auhardeen insisted that he would do the excavation work on the west side of the road and he would also not allow excavation of east side of the road. Being annoyed, the accused/appellant, Kicchi @ Ram Surat had a scuffle with first informant's son, Auhardeen. Some villagers intervened and got the matter subsided.