STATE Vs. DURGA PRASAD

JUDGEMENT

(1.) Challenge in this appeal u/s 378 of code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C.) is made to the judgment and order dtd. 3/6/1986 passed by Additional Sessions Judge, Fatehpur in Sessions Trial No. 211/1983 (State Vs. Durga Prasad and Others) u/s 147, 304/149, 323/149 IPC, P.S. Ghazipur, District Fatehpur acquitting the accused herein.

(2.) This appeal was initially filed while arraying as many as seven accused-respondents. However, the accused-respondents nos. 1, 2 and 4 during the pendency of the present appeal expired. Accordingly, the present appeal stood abated against the accused-respondents nos. 1, 2 and 4.

(3.) Factual matrix of the case so interwoven in the present appeal centres around with an allegation that a written report/complaint was submitted on 10/7/1982 by the first informant being Rajendra Prasad S/o Chandra Bhushan Prasad R/o Village Kewai, P.S. Ghazipur, District Fatehpur before the Police Station Ghazipur, District Fatehpur with an allegation that the accused herein who were seven in number at the time of the filing of the appeal had committed offences at 12 in the noon on 10/7/1982 when the first informant being Rajendra Prasad along with his brother Virendra had gone along with the cattle in the agriculture field which was owned by them near the tube well in Kolanhar. Agriculture crop being paddy was cultivated and the same was in matured condition. However, at 05:00 in the evening on the fateful day i.e. 10/7/1982 the accused-respondent no. 5 Prem Narayan S/o Mishri Lal who was grazing his cattle trenched in the agricultural field along with cattle and trampled the paddy and the sugar cane crop so present therein causing destruction. Protest was sought to be made by the first informant Rajendra, however, the same was not liked by the accused Prem Narayan and he hurled abuses upon the first informant. From there the first informant along with his cattle straight away went to the house of the Prem Narayan raising protest. Prosecution further alleges that the said protest was not accepted however, rather to the contrary at that point of time Durga Prasad S/o Kali Charan, Mishri Lal S/o Durga Prasad committed the role of extortion while instigating the accused Dhunnu, Jagat Narayan and Prem Narayan and in turn they instigated the brother Ram Kumar and nephew Santosh Kumar S/o Mewa Lal. Thereafter, all the accused aided with wooden stick chased the first informant Rajendra Prasad and the first informant run away and when he reached near the main gate of the house of Jiya Lal then the accused gave a blow with the wooden stick upon the first informant and witnessing the same the elder brother of the first informant Bajrang Prasad and his father Chandra Bhushan came forward to rescue the first informant, however they were also administered blow with the aid of wooden stick pursuant whereto they fell down and witnessing the said incident Ram Lal Tiwari S/o Devi Lal and Bishun Dayal S/o Bhikuyuwa and Lakhan S/o Devi Lal came to rescue however, on account of the onslaught of administering wooden stick, the father of the first informant Chandra Bhusan became unconscious and so much so the first informant Rajendra and his elder brother Bajrang Prasad also sustained injuries and thereafter they took their father Chandra Bhushan in a bullock cart to the police station for lodging of written complaint.