RAGHUNANDAN PRASAD Vs. STATE

JUDGEMENT

(1.) There is an appeal against the judgment and order dated 4-11-1980 passed by Sri Ghanshyam Das, the then IVth Additional Sessions Judge, Bulandshahar in S.T. No. 228 of 1979, State v. Raghu Nandan Prasad and two others under Sections 147, 323, 426, 452 and 147, I.P.C. Police Station, Jahangirabad, whereby, he convicted the accused-appellant of the offence under Section 147, I.P.C. and sentenced them to undergo R.I. for a period of 6 months and further convicted them of the offence under Sections 323/149, I.P.C. and sentenced them to R.I. for 6 months.

(2.) Heard counsel for the parties. The prosecution story in this case was that the informant Ramesh Chandra lived in House No. 106, Mohalla Prabhu Dayal, Jahangirabad which previously belonged to Smt. Dropadi Devi who had executed on 28-10-1975 an agreement to sell the house to him, that possession of the house has been delivered to him on 28-10-75 i.e. the date of the agreement and since then, he was coming down in possession of the house, that the accused-appellants Raghunandan Prasad, Ram Avtar and Karanveer Singh wanted to take forcible possession over the said house, that on 28-12-1975 at about 10.30 a.m., when he was inside the house, all the three accused-appellants raided the house along with 40-50 persons who were armed with Lathi, Gun and Kattas, that they started demolishing the walls, that the informant's children Manorama and Ramanandi and he himself were inside the house, that the accused persons did Marpit with Manorama and Ramanandi, that the accused and their companions did Marpit and also firing and due to Shor the neighbourers came and Ved Prakash, Dayanand Gaur tried to save the informant and others, whereupon, the accused-appellants did Marpit with them also, that the accused-appellants and their companions ran away when a large number of persons of the Mohalla collected. The prosecution F.I.R., Ext. Ka-1 was lodged by the informant Ramesh Chandra at the police station on 21-12-1975 at 11.45 a.m. Check report Ext. Ka-2 was prepared on its basis and Case Crime No. 533-A was registered at the police station under Sections 147, 148, 323, 452 and 427, I.P.C. against all the three accused-appellants and 40-50 unknown persons. After completing the investigation the I.O. submitted a charge-sheet against the present accused-appellants for the aforesaid offences.

(3.) From the side of the prosecution, there were 3 injured. Dayanand prosecution injured reached police station soon after the registration of the case and he was despatched to primary health centre, Jahangirabad, where he was medically examined by Dr. J. L. Agrawal on 28-12-1975 at 12.10 p.m. He found the following injuries on his person :"1. Abrasion-cum-contusion .5 cm x .2 cm on the left trague of ear, Reddish.2. Abrasion .3 cm x 1 cm on the front of Rt. wrist joint.3. Contusion 1 cm. x .4 cm. on the front of Rt. leg lower 1/3.