GAYA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this criminal appeal, the appellants have assailed the judgment and order dated 19.12.1997 passed by Additional Session Judge IV, Raebareli in S.T. No.461/1995, whereby the appellants have been sentenced to undergo rigorous imprisonment of five years along with a fine of Rs.500/ - under Section 307/34 IPC. It is provided that in case of default in payment of fine, they shall further undergo imprisonment of six months.

(2.) DURING the pendency of the appeal, the appellant No.1 Gaya died and the appeal as regards to him stood abated.

(3.) ACCORDING to prosecution case, the occurrence took place on 04.08.1994 at about 9.00 PM. It is stated that there some altercation was taking place between the appellants and the informant with regard to the partition of the house. At the same time, the appellants came armed with dangerous weapons and started assaulting the mother of the informant. When the informant and his sister came to her rescue, they were also assaulted. When all of them raised alarm, Rampal and Sarju reached the spot and on their intervention the appellants left the place of occurrence giving threats to the informant and his family members. The FIR was lodged by the informant Shankar Lodh on the same day at 1200 in the night. The Investigating Officer took the statement of the injured persons and arrested the accused -persons on 05.08.1994. The informant and his mother and sister, who were injured, were sent to the hospital for medical examination. Thereafter he visited the place of occurrence and prepared site plan. After completion of investigation, he submitted charge -sheet under Sections 307, 323, 504 and 506 IPC.