CHAUTHI YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) These criminal appeals have been preferred by the accused/ appellants against the judgement and order dated 5.3.2011 passed by the Additional District & Sessions Judge/ Special Judge (Anti-Corruption), Varanasi in Session Trial No. 126 of 2006 (State of U.P. vs. Chauthi Yadav and others) convicting and sentencing the appellants for the offence punishable under Section 323/34 IPC for six months rigorous imprisonment to all the appellants and a fine of Rs. 500/- each, for the offence punishable under Section 304(1)/34 IPC for ten years rigorous imprisonment to all the appellants and a fine of Rs. 5000/- each, for the offence punishable under Section 504 IPC for three months rigorous imprisonment to all the appellants and for the offence punishable under Section 506(2) IPC for six months rigorous imprisonment. All the sentences have been directed to run concurrently.

(2.) Since these criminal appeals have been filed against the same judgement and order, and have been connected vide order dated 15.3.2011 passed in Criminal Appeal No. 1528 of 2011 and have also been heard together, therefore, the same are being decided by this judgement.

(3.) The facts of the case, as unfolded by the informant Teju Yadav in the First Information Report (in short 'F.I.R.'), are that on 17.9.2005 at about 6.30 p.m. having dispute with regard to path, nand and khunta, Ram Sewak Yadav, Nand Kishor Yadav sons of Chauthi Yadav and Chauthi Yadav son of Narottam Yadav armed with lathi and hurling abuses gathered at the door of the informant. Chauthi Yadav exhorted to assault on the informant side asking that they(informant side) had stepped into shoes. Ram Sewak and Nand Kishor started beating to his father and due to injuries sustained by him, he fell down on the earth and became unconscious. On making noise by them, Bachcha Lal Yadav son of Vishwanath, Lallu Yadav son of Chaman Yadav and many other people reached there, who witnessed the incident. All the three assailants fled away from the spot extending threat to kill. Father of the informant received serious injuries on head, right ear, nose and waist.