SRI RAM Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANTS Sri Ram, Bhildla, Gulley, Hari Ram and Munna were tried by the IInd Additional District & Sessions Judge, Gonda in Sessions Trial No. 443 of 1981 and vide order and judgment dated 14 -9 -1983 were acquitted of the charges under Sections 395, 397 Indian Penal Code but were convicted under Section 326 Indian Penal Code read with Section 149 Indian Penal Code as also under Section 147 Indian -Penal Code. Under Section 147 Indian Penal Code the appellants were awarded six months rigorous impsonment where under Section 326/149 Inman Penal Code they were awarded three years rigorous imprisonment.

(2.) AGAINST their conviction the appellants have preferred this appeal in which Mr. S.P. Pathak has been heard on behalf of the appellants and the learned Government Advocate has been heard on behalf of the State.

(3.) LEARNED counsel for the appellant argued that once the First Information Report categorically mentioned that the features of the accused persons had been seen in the light of the torches, the introduction of the electric light at a subsequent stage was a clear improvement which should not have been taken into consideration by the learned Sessions Judge. He has also argued that even during the entire examination of PW 1 Liyakat Ali in the Trial Court he had not mentioned about the electric light and it was only after he was recalled for re -examination by the Public Prosecutor -that he spoke about the electric light.