SHYAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374 (2) Cr. P.C. has been preferred by appellants Shyam Lal and Shiv Hari, both sons of Jhurhu against the judgment and order dated 30.11.2007 passed by Additional District and Sessions Judge, F.T.C. -II, Sultanpur in S.T. No. 4/2000, Case Crime No. 43/99 under Sections 323, 307/34, 506 I.P.C., P.S. Musafirkhana, district Sultanpur, convicting and sentencing the appellants under Section 324/34 I.P.C., for a period of one and half year R.I., and fine of Rs. 500/ - each. In default of payment of fine, further one month's imprisonment.

(2.) BRIEFLY stated, the prosecution case is that the complainant had a disputed house in village and trivial litigation of the house (Case No. 516/90) was pending. Appellants Shyam Lal and Shiv Hari were getting light connection in that house. Complainant objected to it saying that it was disputed house and without permission of the court no electric connection could be made, in the month of January, the date was fixed in civil litigation and the work may be got done after obtaining permission from the court. There was an electric pole in -front of the house of complainant and the connection was being taken from that pole. Shyam Lal and Shiv Hari started assaulting with 'lathi' and 'bhala', the complainant fell down on being assaulted by Hari, he and his son Avadhesh were empty handed. His wife also came running. Avadhesh was assaulted by Shyam Lal and Ganesh and his wife was assaulted by Ganesh who fell down and became unconscious. On alarm being raised, Dr. Raj Narayan, Shiv Kumar, Dharm Raj Tiwari and Avadhesh Singh came running and saved their lives. Accused persons fled away after threatening with dire consequences.

(3.) ON the basis of the written report, Ext. Ka -1, chik F.I.R., Ext. Ka -8 was prepared, Case Crime No. 43/99 under Sections 323, 506 I.P.C., was registered against Shyam lal, Shiv Hari and Ganesh. G.D. Entry, Ext. Ka -9 was also endorsed. "Majroobi chitti', Exh. Ka -10, 11 and 12 were prepared. Injured Avadhesh Singh, Shiv Hari Bux Singh and Smt. Shushila Devi, w/o Shiv Hari Bux Singh were examined by P.W. -5 on 24.1.99 at P.H.C., Musafirkhana. On the person of injured Avadhesh Singh, four contusions were found. All the injuries were simple in nature and caused by blunt object and were fresh. On the person of injured Shiv Hari Bux Singh three injuries were found; injury no.1 abrasion, injury no.2 lacerated wound, injury no. 3 contusion. Except injury no.2, all the injuries were simple in nature. All the injuries were fresh and caused by blunt object. Injured Smt. Shushila Devi received three injuries, injury no.1 was contusion, injury no.2 was caused on the elbow of left hand, injury no.3 was punctured wound. All the injuries were simple in nature and were fresh. Injury no.3 was caused by pointed weapon. Injury no.1 was caused by blunt object.