DAYA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed by appellant Daya Ram and others under Sec. 374(2) of Cr.P.C. against the judgement and order dtd. 5/2/2002 passed by the Special/Additional District and Sessions Judge (E.C. Act) Hardoi in Sessions Trial No. 790 of 1997 (State Vs. Daya Ram and others) arising out of Case Crime No. 176 of 1994 under Ss. 307/34 and 323/34 IPC, P.S. Pihani, District Hardoi by which the trial court has acquitted the accused persons Dayaram, Raju and Suresh from the charges of offence under Sec. 323/34 of IPC but convicted and sentenced them to undergo ten years Rigorous Imprisonment each for the offence under Ss. 307/34 IPC.

(2.) Filtering out unnecessary details, the prosecution case in brief is that on 7/8/1994 the informant, Ramautar had ploughed the field of Dayaram on rent and his payment of labour charge was due. On 9/8/1994 when the informant, Ramautar had gone to Dayaram for the demand of his due labour charge, Dayaram refused to pay the same, consequently, an altercation took place between them. On the same date, i.e. on 9/8/1994 when informant Ramautar along with his brother Parsuram was grazing his animals on field, at about 3:30 PM ,accused persons Daya Ram, Raju and Suresh reached there. They were having the weapons 'kanta', stick (lathi), 'tamancha' (country made pistol) in their hands and by abusing the brother of informant, they attacked on him by stick (lathi) and 'kanta'. On hue and cry, the witnesses Naresh and Vinod who were working in their nearby fields exhorting the attackers ran towards the place of occurrence. Seeing them, the accused persons Dayaram, Raju and Suresh firing with country made pistol, fled towards east. Parsuram had received serious injuries in the occurrence. The informant, Ramautar gave a written information of the occurrence in the police station concerned on 9/8/1994 at 18:20 PM.

(3.) On the basis of above written application, the first information report of the occurrence under Ss. 323, 504 and 307 IPC was lodged by the police station concerned against the accused persons vide Crime No. 176 of 1994. The injured Parsuram and Ramautar were medically examined at P.S. Pihani. The X-ray of injured Parsuram was conducted at District Hospital, Hardoi.