SHAMSHER BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants have been convicted by Additional Sessions Judge, Fast Track Court No.4, Rae Bareli in Session Trial No.615/2001, whereby all of them have been convicted and have been sentenced to undergo six months imprisonment under Section 323/34 IPC and three years rigorous imprisonment and a fine of Rs.500/ - under Section 308/34 IPC.

(2.) THE submission on behalf of the appellants is that the occurrence took place on 01.06.2001, when the appellants indulged into "Marpeet" with the complainant as a result of which, three persons received injuries. One of the injured Ayodhya Prasad received fracture on Parital Bone.

(3.) IT has been contended on behalf of the appellants that there was a cross case and both the side had received injuries and the learned court below did not accept the defence of right of private defence and convicted both the parties treating the "Marpeet" as free fight between them. It has further been submitted that after the occurrence and judgment of their conviction, the parties have settled their dispute outside the court and are now living amicably in the same village. They are also distantly related to each other. Thus, the submission is that while taking into account the fact that the parties have settled their scores and also considering the fact that the occurrence is about fourteen years old, the sentence awarded to the appellants be considerably reduced.