SUBEDAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Trivedi, J. The present criminal appeal has been preferred by appellants challenging their conviction under Sections 147, 148, 307/149 and 323/149 I. P. C and sentences of one year, one year and five years respectively. Learned Sessions Judge did not record any separate sentence under Sections 323/149 I. P. C.

(2.) ACCORDING to the prosecution case, on 6th March, 1973 at about 4. 30 p. m. Munna Singh was returning from village Kanjemau after attend a Panchayat there. It is stated that as soon as he reached in between the villages Pandit Purwa and Ahiran Purwa, the accused persons armed with Lathi, Bhala, Kanta and Pharsa encircled him and assaulted him with their respective weapons. It is further stated that he raised an alarm and hearing the said alarm several persons including Smt. Shiv Pata, Smt. Sunder Pata and Baba Din of Ahiran Purwa reached and tried to save him. It is said that Smt. Shiv Pata, Smt. Sunder Pata and Baba Din were also assaulted by these accused persons. However, on intervention of the witnesses accused persons ran away and there after a report was lodged by (PW. 1) Badri Singh at PS. Colonelganj, District Gonda on the same day at about 6. 50 p. m. (P. W. 5) S. I. Santosh Kumar Pandey conducted investigation of this case and he sent the injured to the hospital for medical examination. He also recorded statements of other witnesses and after completing investigation submitted charge-sheet against the accused persons.

(3.) ALL the accused persons denied prosecution case and stated that they have been falsely implicated in this case due to enmity.