SRI JAI RAM Vs. STATE OF U P

JUDGEMENT

(1.) IInd Addl. Sessions Judge, Jaunpur, vide his judgment and order dated 25-4-1979 passed in S.T. No. 276 of 77, State v. Achchaiber convicted the accused Sardar on a charge under Section 147, IPC and sentenced him to undergo one year's R.I. He further convicted him on a charge under Sections 325/149, IPC and sentenced him to undergo 2 years' R.I. He was acquitted on a charge under Section 452, IPC. The accused Jairam was sentenced to undergo R.I. for a period of one year on a charge under Section 148, IPC and one year's R.I. on a charge under Sections 325/149, I.P.C. Accused Faujdar was sentenced to one year's R.I. on a charge under Section 148, I.P.C. and one year's R.I. on the charge under Sections 325/149, IPC. All the sentences of all the accused were ordered to run concurrently. All the accused were acquitted on a charge under Section 452, IPC.

(2.) The convicted accused Jairam, Faujdar and Sardar preferred this appeal against the order of their conviction and sentence. The State has not filed any appeal against the acquittal of the accused on a charge under Section 452, IPC.

(3.) The prosecution case started on the basis of an F.I.R. lodged by Meghai, P.W. 1. He has alleged that on 6-7-1976 at about 8 a.m., the accused Faujdar, Jairam, Bachau, armed with spears and Achchaiber and Sardar armed with lathis raided the house of Moti Lal, P.W. 2 Moti had litigated against the accused in respect of a piece of land over which he got decree in his favour from the consolidation courts and raised his construction, thereon. He was using this house as his residential one. The accused asked Moti to vacate the house. Moti resisted by stating that he had won the case in the courts and he was not in a position to vacate the house. Thereupon, Jairam and Faujdar exhorted other accused to murder him. Thereupon, all the accused pounced upon Moti, who fled towards his house for saving his life. He wanted to bolt himself from inside but the accused chased him and brought him from there. They assaulted him with their weapons outside the house. Alarm was raised, hearing which, the complainant P.W. 3 Nokhai and others arrived there. Thereupon the accused retreated. Moti was in a very serious condition. So he was brought to the hospital at Jaunpur. There he was medically examined and was also admitted. His injuries were very serious in nature. After settling Moti in the Hospital properly, the complainant went to the court and got the F.I.R. scribed. Thereupon he lodged the same at police station Sarai Khawja at 18.15 p.m. after negotiating a distance of 6 miles.