RAM PAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred against the judgment and order dated 29.10.1998 passed by I Addl. Sessions Judge, Raebareli in S.T.No.196/1990 by which the appellants were convicted under Section 323 read with Section 149 I.P.C. and sentenced to undergo imprisonment for a period of two months and a fine of Rs.200/ - each; in default of payment of fine each appellant to further undergo imprisonment of 15 days.

(2.) THE appellants were acquitted of the charges under section 308/149 I.P.C.

(3.) BRIEFLY stated, the prosecution case is that the accused -appellants , the injured and the complainant are resident of the same village; there was some dispute between the parties regarding land and 'Naapdan' . On 13.4.1986 at about 8:00 a.m. Harish Chandra and Jagdish were milking buffalo; at that time, accused persons Ram Pal, Bhulai, Ram Baksh, Lok Nath, Gama, Gur Dayal, Ram Dev, Shiv Baksh, Ratipal, Satya Narain, Jagannath, Sundar and Jagpal armed with 'Lathi' reached at the door of complainant and instigated Harish Chandra. Appellant Gur Dayal and Jagannath assaulted Harish Chandra by 'Lathi'. Harish Chandra in order to save himself entered into the house, the accused persons also entered the house and assaulted Harish Chandra and dragged him out of the house. On the hue and cry, Jagdev reached at the place who was also assaulted by 'Lathi'. Complainant Jaspal, Ram Baran, Sri Ram and Shiv Balak resident of Village Inhona and other people of the village reached at the spot and pacified the matter. The complainant brought the injured persons to the police station on 'Tanga' from where they were taken to Singhpur Hospital along with police personnel, for medical examination. Complainant Jaspal on the very same day i.e. 13.4.1986 lodged written report Ext. 'Ka' -1 at 3:10 P.M. at police station Shivratanganj. On the basis of written report, F.I.R. was registered under sections 147,148,149,452,323,504,506 I.P.C.