ACHARAJ NATH Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed by the appellants against the judgment and order dated 01.05.1986 passed by Special Judge, Basti in Sessions Trial No. 273 of 1982 (State Versus Acharaj Nath & Others) and in Sessions Trial No.44 of 1983 (State Versus Krishan Nath alias Ram Krishna Pathak) whereby the appellants Acharaj Nath, Thunni Lal alias Dinanath, Bansh Bahadur, Subhag Koiri and Krishan Nath alias Ram Krishna Pathak were convicted for the offence under Section 148 I.P.C. and each of appellants was sentenced to undergo 1 year rigorous imprisonment and appellants Bhawnath, Jagarnath, Sant Ram, Ajore Pathak, Ghurey Koiri and Shatrughan were convicted for the offence under Section 147 IPC and each of them was sentenced to undergo rigorous imprisonment for six months. Further, all the appellants were convicted for the offence under Sections 302 read with 149 IPC and each of them was sentenced to life imprisonment. They were also found guilty for the offences punishable under Sections 307 read with 149 IPC, Sections 326 read with 149 IPC, Sections 324 read with 149 IPC and Sections 323 read with 149 IPC and were awarded 7 years rigorous imprisonment under Sections 307 read with 149 IPC, 2 years rigorous imprisonment under Sections 326 read with 149 IPC, 1 year rigorous imprisonment under Sections 324 read with 149 IPC and 3 months rigorous imprisonment under Sections 323 read with 149 IPC.

(2.) All the substantive sentences were directed to be run concurrently.

(3.) The prosecution story, as unfolded in the F.I.R., is that the incident took place on 11.04.1982 at about 8:00 a.m. in the disputed field in village Panchmohini, P.S. Bansi, District Basti.