STATE OF U P Vs. RA

JUDGEMENT

(1.) BOTH the appeals have been preferred by the State against acquittal of the accused persons under sections 307/34 I. P. C. and for enhancement of the sentences, arising out of the judgment and order dated 9. 1. 1981 passed by Additional Sessions Judge, Unnao in S. T. No. 177 of 1980, whereby the respondents have been acquitted of the charge under section 307/34 I. P. C. but have been convicted under sections 323/34 and 324/34 I. P. C. and sentenced to undergo six months' R. I. on three counts and one year's R. I. on two counts respectively. Since both the appeals are directed against the same judgment and order, they are being disposed of together by a common order.

(2.) THE prosecution case, in brief, is that the complainant Prem Narayan (P. W. I) and the accused Ram Bali, Gunnu and Ram Dayal are residents of Village and Police Station Makhi, District Unnao. Accused Ram Bali and Gunnu are real brothers and accused Ram Dayal is their maternal uncle. The house of complainant and accused Ram Bali and Gunnu lie in front of each other and a passage intervened between the two. There was well of the complainant, besides which the said passage lies. After the passage there was charni and cattle pegs of accused Ram Bali. The accused persons had blocked the said passage by putting a log.

(3.) ON 20. 3. 1979 at about 7. 00 p. m. when the complainant Prem Narayan and his cousin Santosh Kumar were returning back to their home in a bullock-cart from their khalihan, they removed the said log for passing the bullock-cart, upon which quarrel ensued. Accused Ram Bali and Ram Dayal armed with gendasa and Gunnu armed with lathi started assaulting Prem Narayan and Santosh Kumar. Real brother of the complainant, namely, Ram Chander rushed for their rescue, but he too was beaten by the accused persons. On the alarm being raised, Nand Lal, Devidin, Raja Ram and several other villagers reached the spot and tried to intervene. Thereafter the accused persons fled away after causing injuries with their respective weapons. The complainant Prem Narayan lodged a written report Ext. Ka-1 at P. S. Makhi, which lies at a distance of about 1 Km. from the place of occurrence, on 20. 3. 1979 at 7. 45 p. m. , on the basis of which, check F. I. R. Ext. Ka-2 was prepared and a case was registered in the general diary, copy of which is Ext. Ka-3. The injured persons were medically examined by Dr. D. N. Srivastava P. W. 6 in the same night, who prepared their injury reports Ext. Ka-8 to Ka-10. After completing usual investigation S. I. Raj Dutt Tripathi P. W. 5 submitted the charge-sheet against the accused persons.