SHRAVAN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by three appellants namely Sharvan Kumar, Chandra Prakash and Chandra Mani Awasthi all sons of late Ishwar Chandra Awasthi against the judgment and order dated 8.10.2004 passed by learned Additional Sessions Judge/Fast Track, Court No. 3, Raebareli in Sessions Trial No. 822 of 1997 convicting and sentencing the appellants under Section 147 I.P.C. for a period of six months' imprisonment, under Section 148 I.P.C. for a period of six months' imprisonment, under Section 323 read with Section 149 I.P.C. for a period of six months' imprisonment, under Section 324 I.P.C. read with Section 149 I.P.C. for a period of one year's imprisonment and under Section 325 I.P.C. read with Section 149 I.P.C. for a period of two years' imprisonment and fine of rupees two hundred each and in default of payment of fine, each appellant to undergo additional sentence of ten days' imprisonment.. All the sentences shall run concurrently.

(2.) BRIEFLY stated, the prosecution case is that the complainant's brother Pramod Kumar and nephew Vivekanand resides in village Belagusisi. On 14.04.1995 at about 7.30 a.m., complainant's brother and nephew both went to their field and were picking 'mahua' from mahua tree, accused Sharvan Kumar, Chandra Prakash, Chandramani, Prabhati and Babbee who had ambushed there, started beating complainant's brother and his nephew; Sharvan Kumar and Chandramani were armed with gandasa, Babbee was armed with lathi and Prabhathi had Kulhari in hand. They assaulted with their respective weapons. Sharvan Kumar and Chandramani armed with gandasa assaulted complainant's brother on hand and neck; Pramod Kumar fell down in unconscious state. Nephew Vivekanand while trying to save himself also received 'kulhari' injuries on his hands and lathi injury on his back. Alarm was raised; witnesses Prahlad Singh and Sachitanand Singh reached at the spot. Accused persons ran away threatening with dire consequences. The case was lodged on the same day i.e. 14.04.1995 at about 13.00 hours at police station Bhadokhar, district Raebareli as case crime no. 44 of 1995 under Sections 147, 148, 308, 323, 324, 506 I.P.C.

(3.) INVESTIGATION was conducted and charge -sheet was submitted. The case was committed to the court of Sessions in accordance with law. Charges were framed under Sections 147, 148, 308, 323, 324 and 506 I.P.C. The accused denied charges framed against them and claimed trial.