DURGA PRASAD Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 16-6-1980 by which learned II Additional Sessions Judge, Barabanki convicted and sentenced the two appellants to four years' R. I. under Section 307/34 of I. P. C. and six months' R. I. under Sections 323/34 of I. P. C.

(2.) ON 21-10-77 at 8. 35 a. m. one Jang Bahadur Singh lodged a written report (Ext. Ka-1) with police station Loni Katra against these two appellants, Om Prakash (deceased) and Ram Kumar alias Munnu, alleging therein that on 20-10-1977 at about 8. 30 in the evening, while he was coming back after visiting his fields all these persons assaulted him with their Lathis near the Primary School, as a result of which he sustained injuries. It was also stated that he also wielded Lathi in his defence. The incident was allegedly witnessed amongst others by Chandrika Bux Singh, Baleshwar Singh and Iqbal Bahadur Singh. It may be mentioned that a cross-F. I. R. was also lodged by appellant Durga Prasad on the same date at 2. 30, against the first informant Jang Bahadur Singh and 12 others in which it was alleged that the accused named therein committed rioting with deadly weapons and in prosecution of the common object of that unlawful assembly killed Om Prakash and injured others.

(3.) IN support of its case the prosecution examined Jang Bahadur Singh, Chandrika Bux Singh and Baleshwar as P. W. 1, P. W. 2 and P. W. 3 with a view to prove the actual occurrence. It also examined certain other formal witnesses.