RAM SAROKH Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been instituted against the judgement and order dtd. 5/11/1985 passed by the Vth Additional Sessions Judge, Azamgarh in Sessions Trial No. 35 of 1984, State vs. Jheenak and others. By the impugned judgement aforesaid, the Trial Court had convicted appellants Ram Sarikh s/o Dashrath, Ram Lachhan s/o Dashrath, Dhaneshwar s/o Navrang and Shiv Chand s/o Sanehi under Ss. 147, 323 read with Sec. 149 I.P.C. and sentenced each accused-appellants to one year's rigorous imprisonment under Sec. 147 I.P.C., six month's rigorous imprisonment under Sec. 323 read with Sec. 149 I.P.C. Both sentences were directed to run concurrently.

(2.) During pendency of appeal, appellant-accused, Ram Lachhan and Dhaneshwar have died and Criminal Appeal qua them has been abated vide order dtd. 23/9/2022. Thus, criminal appeal against accused-appellants, Ram Sarikh and Shiv Chand is pending for disposal.

(3.) The prosecution case, as revealed in written report dtd. 5/4/1980 at 10 am submitted to the Police Station Madhuban is that that informant Triveni s/o Cheekhur is resident of Daryabad, Police Station Madhuban, District Azamgarh. On 5/4/1980, when his son Chandra Pati was returning to his home from his shop, he saw that Jheenak s/o Dhaneshwar r/o Parvejpur was cutting Lathi from his bamboos trees (Banskoth). Informant's son forbid him from cutting Lathi. Being enraged on this, accused Jheenak started abusing the informant's son. Hearing the noise, accused Ram Sarikh and Ram Lachhan s/o Dashrath, Dhaneshwar s/o Navrang, Shiv Chand s/o Sanehi and 12 other accused, in pursuance of common intention exhorting others, assaulted informant's son Chandra Pati with Danda and Bhala.