BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellants namely Babu Ram and Siya Ram sons of Sumpati against the judgment and order dated 8.12.2003 passed by learned Special Additional Sessions Judge(E.C. Act), Faizabad convicting and sentencing the appellants under Section 323/34 I.P.C. for a period of two months' R.I., under Section 325/34 I.P.C. for a period of two years' R.I. with a fine of rupees five hundred each and in default of payment of fine, further one month's imprisonment.

(2.) BRIEFLY stated, the facts of the prosecution case is that the accused appellants had surrounded the house of complainant P.W. 1 Akhilesh Kumar Verma on 7.3.1994 at about 7.00 p.m. He was alone and his father had gone to market and when his father returned, he asked them not to quarrel. The complainant and his father went to lodge the report of this incident and when they reached ahead of 'Pandey Pakauli', accused persons appeared and started assaulting with 'lathi' and 'danda' with intention to kill his father Ram Kewal Verma. On alarm being raised, Bhagwandeen, Ram Achal and other persons reached at the spot and in the light of torch, they recognized the accused persons who fled away abusing and threatening. Complainant's father received serious injuries on the head and other parts of the body. It is also stated in the F.I.R. that there was some litigation with the accused persons with regard to land and accused persons were cutting 'Neem' tree on 7.3.1994 which was on the disputed land. The complainant had objected to it. Thus, the accused persons were inimical.

(3.) THE written report(Ext. Ka -1) was given at police station. The investigation was conducted and the charge -sheet(Ext. Ka -5) was filed under Sections 307, 323, 325, 504 and 506 I.P.C.