AJIT @ AJAI KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned AGA.

(2.) THIS criminal appeal has been filed against the judgment and conviction dated 10.2.1999 passed by the IInd Additional Sessions Judge, Sitapur in Sessions Trial No.96/1992, convicting the appellants under Section 325/34 IPC for a period of two years RI with fine of Rs.500/ - each and in default of payment of fine, further imprisonment of three months and further convicting the appellants under Section 3(i)(x) of SC/ST Act for a period of one year RI with fine of Rs.200/ - each and in default of payment of fine, one months further RI. All the sentences were ordered to run concurrently.

(3.) ACCORDING to the FIR, prosecution case is that on the information given by Lalli Devi, widow of Sundar Lal, an FIR was lodged on 20.7.1992 at 12:45 hours. In the FIR, Lalli Devi has stated that on 19.7.1992 at 6:00 p.m., she was returning alongwith her brother Sarju (deceased) after sowing the field. She was being accompanied by Ram Prasad Pasi. On the way, Ajit, Shri Ram, Siyaram and Rakesh surrounded her and tried to assault her, on which Ram Prasad intervened, whereupon he was assaulted with lathi, fists and kicks. He received serious injuries. Alarm was raised by the injured, whereby Shrawan Kumar, Raj Kumar etc. came to the spot, who saved him. The accused persons extended threat to kill Ram Prasad and other witnesses and went away. On account of fear of the accused persons, the complainant could not go to lodge the FIR. Hence, on the next day i.e. 20.7.1992 at 12.45 hours, FIR was lodged against the accused persons under Sections 323 and 506 IPC.