(1.) Heard Sri Abdul Samad, learned Counsel for the appellants and learned A.G.A. for the State of U.P. and perused the record.
(2.) The instant Criminal Appeal under Sec. 374 (2)/389 Cr.P.C. has been filed by the appellants namely Ram Dhani Pal and Ram Avadh Pal, challenging the judgment and order dtd. 19/6/2012 passed by District and Sessions Judge/Ex-Cadre-1, District-Raebareli, in Session Trial No.82/2009 (State Versus Ram Dhani Pal and another), arising out of Case Crime No. 210 of 2007, under Ss. 323/34, 324/34, 504 IPC and Sec. 3(1)(x) SC/ST Act 1989, Police Station-Salon, District-Raebareli, convicting and sentencing the appellants under Sec. 323/34 I.P.C. to undergo 6 months rigorous imprisonment with fine of Rs.500.00 each, under Sec. 324/34 IPC to under 2 years rigorous imprisonment with fine of Rs.1,000.00 each and under Sec. 504 IPC fine of Rs.500.00 each and under Sec. Sec. 3(1)(x) SC/ST Act 1989 one year rigorous imprisonment alongwith fine of Rs.1000.00 each, with default stipulation.
(3.) The prosecution story in nutshell is to the effect that on 11/5/2006 at about 7 AM, despite of the interim order passed by the competent court of jurisdiction, accused Ram Dhani, Ram Awadh Pal and Shakuntala wife of Ram Dhani and wife of Ramawadh, tried to take possession of the property and raise construction over the same and on being opposed, the accused hurled abuses and also made casteist remarks and also assaulted the injured-informant/Rajpati wife of Ram Prasad.
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