NARENDRA BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) R P. Nigam, J This criminal ap peal has been preferred by the appellants against the judgment and order, dated 11-11- 1983 passed in ST. No. 29 of 1982 by Ilnd Additional Sessions Judge, Faizabad by which the appellants were convicted under Sections 426 and 147, IPC and each appellant was sentenced to pay a fine of Rs. 500/- and in default of payment of fine to undergo rigorous imprisonment for two months under Section 126, IPC and to pay a fine of Rs. 500/- and in defualt of pay ment of fine to undergo rigorous impris onment for two months under Section 147 IPC.

(2.) THE case of the prosecution as dis closed in the written report Ex. Ka-1 lodged by Savitri Devi PW-1 in police station Raunahi, district Faizabad on 27-7-1980 at 7. 00 A. M. is as follows: "savitri Devi, wife of Sri Ram Naresh, is the resident of village Devra Kot police station Raunahi district Faizabad. On 27-7-1980 in the night at about 3. 00 a. m. Ram Chander Verma, son of Chhedi Verma resident of Wali-ka-Purva, Gajraj resident of Walli-ka-Purva, Nar endra Bahadur resident of Ali Ganj, Harish Chandra son of Tulsi Ram resident of Chiraidhpur Kheri, Tulsi Ram resident of Chirninhpur Kheri, Vaishram and Juggi Lal and other persons came with gun, pistol, lathi, danda and phawara and Ballam and demol ished the wall which was of bricks and which was towards north-east and came at the roof and had snatched watch which had a golden chain from the hand of Savitri Devi and had taken the chain of gold whose weight was three tolas and had also taken a ring of gold and clothes and had taken cash amounting to Rs. 500/- from Savitri Devi and the said persons had assaulted Savitri Devi by kicks and fists and when the said persons were coming then Ram Chander had fired two shots by his gun and when the said persons were going then Ram Chander, Gajraj and Narender each fired one shot".

(3.) THE accused Harish Chandra, Vishram, Juggi Lal and Tulsi were charged under Section 395, IPC and the accused Ram Chander and Narender Bahadur were charged under Section 395 read with Sec tion 397, IPC and in the alternative all the accused were charged under Sections 147 and 426, IPC read with Sectoin 149, IPC by the learned Court below.