BANGALI Vs. STATE OF U P

JUDGEMENT

(1.) The present Criminal Appeal has been filed against the judgment and order dated 4.1.1982 and 6.1.1982 passed by Vth Additional Sessions Judge, Basti in Sessions Trial No.275 of 1978 convicting the appellant nos. 1, 2 and 7 under section 148 I.P.C. and sentencing them to 1 years R.I., appellant nos. 3 to 6 under section 147 I.P.C. and sentencing them to six months R.I., appellants nos.1, 2 and 7 are further convicted under section 307/149 I.P.C. and sentence to undergo seven years R.I. and a fine of Rs.2,000/- each, appellant Nos. 3 to 4 are convicted under Section 307/149 I.P.C. and sentence to undergo three years R.I. and applicant nos. 4 and 5 convicted under Sectioin 307/149 I.P.C. along with to 5 years R.I. and fine of Rs. 2,000/- each and in default of payment further undergo six monthsR.I. and further convicting all the appellants under section 323/149 I.P.C. and sentencing them to undergo six months R.I., appellant No.3 has been further convicted under section 436 I.P.C. and sentence to undergo three years R.I.

(2.) The prosecution case in brief is that the complainant is resident of Village Nadya Police Station Rudhauli, District Basti. It is stated that there was a Shesam tree belonging to one Ori Kahar. The accused Ramkuber, Bhuwal, Roodal, Sant Ram, Chanika who are resident of Village Nadya Mangal, R/o Village Nishar and Bangali R/o Village Ramwapur on 20.3.1976 at about 4:00 P.M. started to cut down Sheesam tree belonging to Ori on account of the enmity as there was some litigation. The accused were armed with Gun, country made pistol and Lathi and Ori was protesting against the accused from cutting down the said Sheesam tree and on the alarm raised the complainant Haridwar Pathak, Abdul Aziz, Abdil Khaliq, Abdul Samshad, Mustfa, Smt. Azora W/o Ori, Bismilla, Sail Mohammad, Ram Sumer and many others of the village reached there and resisted from cutting the said tree. The accused thereupon fired by country made pistol and gun on the witnesses and they also assaulted the witnesses with lathi. Thereafter the accused had set ablaze the Ghari of Ori in which cattle were tethered due to which Ori suffered a loss to the extent of Rs.400/-. The accused Ram Kuber was armed with gun and accused Bhuwal and Bangali were armed with countrymade pistol. The complainant Abdul Khaliq, Mustfa, Abdul Samad, Smt. Azora, Singri and Smt. Shanti received gunshot injuries and the witness Bisalat has received injuries from lathi. The injured were medically examined, who are as under:-

(3.) The complainant Hardwar Pathak lodged an F.I.R. on 20.3.1978 at Police Station Kotwali, District Basti and the injured were medically examined on the same night and the case was transferred to Police Station Rudhauli, the Police at Rudhauli Station investigated the case and submitted the charge sheet against the accused persons. The accused Rudal, Sant Ram, Chanika and Mangal have been charged under section 147, 307, 323 read with section 149 and 436 I.P.C. The accused pleaded not guilty of the charges and stated to have been falsely implicated due to enmity. The accused Ram Kuber stated that he is village Pradhan and further stated that he has not given any land on Patta to the prosecution witnesses but has given the same to the person of Scheduled Caste and on account of which he has been implicated. It was pleaded by the defence that a dacoity was committed in the village at about 8 p.m. instead of lodging F.I.R. against the docoits the same has been lodged against the applicants.