KRISHNA MURARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374 Cr.P.C. has been preferred by appellants Krishna Murari, son of Laxmi Kant; Laxmi Kant, son of Maharaj Bahadur and Sri Kant, son of Maharaj Bahadur against the judgment and order dated 6.8.1999 passed by III Addl. Sessions Judge, Sultanpur in Sessions Trial No.146/90 convicting and sentencing each of the appellant under Section 323/34 I.P.C. for one year rigorous imprisonment. They were acquitted for the offence under section 326/34 IPC.

(2.) APPELLANT Laxmi Kant died during pendency of the instant appeal, as such, a report was called from C.J.M. and his appeal was abated vide order dated 16.4.2014.

(3.) BRIEFLY stated, the prosecution case is that on 15.5.1988 at about 8:00 a.m. complainant's(Shitla Prasad) relatives Krishna Murari, Laxmi Kant, Sri Kant and Kunj Behari were forcibly erecting wall on his land; complainant's mother Ramraji objected to it; she was abused by above named persons and was assaulted by Lathi, Danda, kicks and fists. Ramraji raised alarm which attracted Shitla Prasad(complainant); Devi Prasad, Mata Prasad and Harish Kumar, who tried to save her. They were also beaten by accused persons by Lathi, Danda, and Farsa; accused Krishna Murari was armed with Farsa; rest of the three persons were armed with Lathi; on alarm being raised Rafiq Khan, Shambhu Nath and others reached at the place of occurrence and pacified the matter. The accused persons left the place while threatening the complainant side. The F.I.R. of the said occurrence was lodged by complainant Shitla Prasad at 10.05 a.m. on the same day, i.e. 15.5.1988 at P.S. Kotwali Dehat under Sections 323,324,325,504,506 I.P.C. The injured were sent for medical examination at Primary Health Centre, Bhadaiya; the investigation was taken up; witnesses were examined and after completion of the investigation, charge sheet was submitted; the court below framed charges against the accused persons under sections 323/34,326/34 I.P.C. The accused persons denied their charges and claimed to be tried.