DEO NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned A.G.A. for the State of U.P.

(2.) THE appellant Deo Narain, Tarun and Phool Chandra have preferred the Criminal Appeal No. 2179 of 2010. The co -accused Kallu and Santey have preferred the Criminal Appeal No. 2180 of 2010 against the judgement and order dated 3.8.2010 passed by learned Additional Sessions Judge, Court No. 2, Gonda in S.T. No. 483 of 1996 whereby all the appellants have been convicted for the offence punishable under sections 148, 323/149, 324/149, 307/149, 302/149 IPC. The appellants have moved their bail applications in their respective appeals, therefore, both the bail applications are being disposed of by a common order.

(3.) FROM the perusal of the record it reveals that the FIR of this case has been lodged by Swami Nath on 23.7.1996 at 8.30 A.M. In respect of the incident allegedly occurred on 23.7.1996 at about 7.00 A.M. Alleging therein that the accused Munna, Tarun, Deo Narain, Milan, Kallu, Phool Chandra and Santey on account of old enmity at about 7.00 A.M. caused injuries on the person of the deceased Ram Gopal by using the Balam, Farsha and Lathi blows. When the first informant and his brother Vishwa Nath, Ram Harakh came in his rescue, they were also beaten by using lathi, Ballam, Farsha blows. On hue and cry Bahetu, Khuddu and some other persons came at the place of the incident, on their intervention the accused persons by extending the threat left the place of incident. The deceased in an injured condition was taken on the cot to the police station where the case was registered under sections 147, 148, 149, 307, 323, 324, 504, 506 IPC. But subsequently after death of the injured Ram Gopal the case was converted under section 302 IPC.