KUNWAR BAHADUR @ GANDHI Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT criminal appeal has been filed by challenging the judgment and order dated 3.9.2012 passed by the learned Additonal Sessions Judge (FTC - 2), Sultanpur in ST No.381 of 1992 (State of U.P. v. Kunwar Bahadur @ Gandhi and another) convicting and sentencing the appellants under Section 147 IPC to undergo 1 year RI, under Section 452 read with 149 IPC to undergo 2 years RI and also to pay fine of Rs.500/ - each and under Section 308 read with 149 IPC to undergo 3 years RI. In default of payment of fine to undergo 3 months additional imprisonment and the sentence to run concurrently and from the amount of fine Rs.2000/ - each was to be given to the injured persons equally as compensation.

(2.) AS per factual matrix of the case, FIR was lodged by Hausala Prasad in Police Station Munshiganj, District Sultanpur alleging that on the fateful day, at about 7.30 AM, Kunwar Bahadur @ Gandhi came to his house and complained that you had him beaten yesterday in a fair, then he stated that he is not aware of the fact that who has assaulted you, but due to that enmity Kunwar Bahadur @ Gandhi, Raj Kishore Tiwari, Hari, Ram Kripal, Dukhai, Bhandari, Sukaroo, Sahaie, Jiya Lal, Koee and Kallu assalted him by means of lathi and danda. He ran into his house and the accused persons entered into the house and assaulted him and his son Ram Charitra, Moti Lal and Smt. Guddi. On alarm, Ram Kuber, Bhuneshwar Pandey, Shiv Charan and many other persons came to rescue. On this, all the accused persons fled away threatening and abusing them. On this, a case under Sections 147, 452, 308, 323, 504, 506 IPC was registered in the police station at about 9.30 AM. After investigation, charge sheet was submitted against the accused persons under Sections 147, 308, 452, 323, 504, 506 IPC. After committal of cae, charge under Sections 147, 308, 452, 323/149, 308/149 was framed. The accused persons pleaded not guilty and claimed to be tried.

(3.) HEARD Shri Parijat Belaura and Surendra Kumar Shukla, learned counsel for the appellants and Shri Sharad Dixit, learned AGA for the State respondent.