DAYANAND YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Both criminal appeals arises out the same impugned judgment and order, as such, they are being heard together and decided by a common judgment and order dtd. 18/8/2018 passed by learned Additional Session Judge, IV/Special Judge, E.C. Act, Deoria in Sessions Trial No. 286 of 2014 (State Vs. Dayanand and Others), arising out of Case Crime No. 1154 of 2014, under Ss. 147, 148, 323/149, 342, 304/149, 504, 506 of IPC, Police Station Rudrapur, District Deoria, whereby the appellant No. 2 to 6 have been convicted and sentenced to one year rigorous imprisonment and fine of Rs.2,000.00 each and in default of payment of fine each accused to go under two months additional simple imprisonment for offence under Sec. 147 I.PC., one year rigorous imprisonment and fine of Rs.1,000.00 each and in default of payment of fine each accused to go under one month additional simple imprisonment, for offence under Sec. 323/149, IPC, one year rigorous imprisonment and fine of Rs.1,000.00 each and in default of payment of fine each accused to go under one month additional simple imprisonment, for offence under Sec. 342 IPC, 7 years rigorous imprisonment and fine of Rs.5,000.00 each and in default of payment of fine each accsued persons to go under three months additional simple imprisonment, for offence under sec. 304(ii)/149 IPC and the accused No. 2 to 6 have been acquitted for offence under Ss. 148, 504, 506 IPC and 7 Crl. Law Amendment Act. All the sentences shall run concurrently.

(2.) Heard Sri Sharad Kumar, learned counsel for the surviving accused-appellants, Sri Jitendra Kumar Jaiswal, learned AGA for the State and Sri Rajeev Kumar Singh, learned counsel for the first informant and perused the record.

(3.) The prosecution story in brief is that, on 11/7/2014 at about 1:00 P.M., the complainant's husband late Ram Ratan was coming to his village from Rudrapur market alongwith complainant and her daughter Smt. Suman Devi on his motorcycle and when they reached near the house of Miya, prior to Jogiya Mod, then the accused persons namely, Dayaram, Vivekanand, Chandrashekhar, Sharnanand, Prayag and some other persons had badly beaten the complainant's husband, as a result of which the complainant's husband has received grievous injuries and immediately he was medically examined in the hospital, situated at Rudrapur, thereafter District Hospital, Deoria and then B.R.D. Medical College Gorakhpur, ultimately he died in the B.R.D. Medical College, Gorakhpur during his treatment.