BANKEY LAL & OTHERS Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgement and order dated 22.9.1982 passed by learned V-Additional Sessions Judge, Bulandshahr in S.T.No.191 of 1982 convicting the appellants and sentencing each of them to three years' R.I. with a fine of Rs. 300/-, under section 452 I.P.C. and in default of payment of fine with further simple imprisonment of six months, and for seven years R.I. under section 304 Part I read with Section 34 I.P.C.

(2.) The brief facts of this case are that Smt.Gokul, wife of the deceased lodged a First Information Report on 24.1.1982 at about 3.15 P.M. at Police Station Aurangaband, District Bulandshahar against Bankey Lal, Kuria and Jagdish with the allegations that "they entered into her house at about 12 in noon, armed with lathi-danda and committed marpit with her husband Chhotey Lal; that on her alarm Hetram, Richpal and other persons arrived at the place of the incident and intervened in the incident in question; that multiple injuries were sustained by her husband and his teeth were also fractured.

(3.) After lodging of the First Information, injured Chhotey Lal succumbed to the injuries and after addition of section 304 I.P.C. investigation was concluded. The charge sheet was submitted by the Investigating Officer and case was committed to the sessions. Learned Additional Sessions Judge framed charges under section 452 and 304/34 I.P.C. against the accused persons and after completion of prosecution evidence and recording the statements of the accused persons under section 313 Cr.P.C. and upon hearing the argument, passed the impugned judgement and order of conviction convicting the accused persons for the offences under section 452 and 304/34 I.P.C. and sentenced them accordingly.