HANOMAN LONIYA Vs. STATE OF U P

JUDGEMENT

(1.) Since both these criminal appeals arise out of a common order, they are being decided by a common order.

(2.) The aforesaid criminal appeals have been filed against the judgment and order dated 24.02.1999 passed by Special Judge (SC/ST Act), Barabanki, in Sessions Trial No.42 of 1994 arising out of case Crime No.83 of 1994, Police Station Safdarganj, District Barabani, whereby and whereunder the appellants Hanoman Loniya and Dileep Verma were found guilty and sentenced as under:-

(3.) The prosecution story reveals that on 02.05.1994 at about 07.00 AM Bhabhuti son of Jagannath (informant) was cutting the crops in the fields of Chhotey Lal. In the meantime, Dileep, Rampal, Mahadeo, Chhotey Lal - all residents of Mahmoodpur, Bhondu, Harish Chandra Yadav - residents of Mahuwari, Majeed, Ram Sagar - residents of Saifpur came there and called the son and daughter in law of the complainant and after scolding the son Bhabhuti, directed him to go away from there. After that, all these persons with daughter in law of the complainant went somewhere. This fact was communicated to the police station by means of Ext. Ka-1 on 11.05.1994 at about 08.35 AM and was registered as first information report. The matter was investigated and after spot inspection and preparation of map, the charge sheet Ext. Ka-3 was submitted before the Court. Learned Chief Judicial Magistrate took the cognizance and committed the case to the Court of Sessions for trial. The charge sheet was submitted against accused Dileep Verma and Hanoman Loniya. They were summoned by the Court and charges under Sections 363, 366, 376 and 3(1)(x) of SC/ST Act were framed for which they pleaded guilty and claimed for trial.