BECHAN RAM Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been filed against the impugned judgment and order dated 19.8.1983 passed by IV Additional Sessions Judge, Jaunpur in S.T. No.152 of 1982 (State Vs. Bechan and others), convicting the accused-appellants Nanhku and Bechan under Section 308 I.P.C. and sentencing them with rigorous imprisonment for a period of 3 years and 2 years respectively.

(2.) Heard Sri Virendra Kumar Shukla, learned counsel for accused-appellant no.1 Bechan Ram, Sri Ashish Kumar Gupta, learned counsel for accused-appellant no.2 Nanhku, Sri L.D. Rajbhar, learned A.G.A. for the State and perused the record as well as the lower court record summoned in appeal.

(3.) The brief facts relating to the case are that regarding the incident in question of 14.4.1981 a NCR was registered at No.108 by Bali Ram Maurya with the allegation that today at about 2:30 p.m. there was a dispute between his mother Basanti Devi and wife of Bechan Ram on account of quarrel between children in which Hriday Narayan and Baidyanath Giri intervened which was felt ill by Bechan Ram and he accompanied with Nanhku, Rajendra and Ram Prasad committed mar-pit with his mother. Upon NCR no investigation was done by the Police and a complaint case was filed by Bali Ram on 28.4.1981 regarding the incident in question with the allegation that on the exhortation by Bechan Ram, Rajendra and Ram Prasad, Nanhku caused Lathi injuries to his mother Basanti Devi on her head and knee in which cognizance was taken under Sections 308 & 323 I.P.C. and the case was committed to Sessions. The Additional Sessions Judge framed charges under Sections 308 and 323 I.P.C. against accused-appellant Nanhku and under Sections 308/34 & 323/34 I.P.C. against Bechan, Rajendra and Ram Prasad. The prosecution in order to prove the charges produced the injured Smt. Basanti Devi as P.W.-1, eye witness Hriday Narayan as P.W.-2, complainant Bali Ram as P.W.-3, Medical Officer Hari Shanker Rai as P.W.-4 and Court Muharir Om Prakash Pandey to prove the NCR as P.W.-5. After completion of prosecution evidence, statement of accused persons were recorded under Section 313 Cr.P.C. and after hearing the parties' counsel the learned trial court vide impugned judgment order dated 19.8.1983 acquitted the co-accused Rajendra and Ram Prasad and convicted the Nanhku and Bechan Ram under Section 308 I.P.C. and sentenced accused Nanhku with rigorous imprisonment for a period of 3 years and Bechan Ram with rigorous imprisonment for a period of 2 years. Feeling aggrieved with which the two convicts have jointly preferred this appeal.