LALU PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Alkesh Singh Chauhan, counsel for the appellant, Sri Akhilesh Chandra Srivastava and Sri Pankaj Srivastava, learned Additional Government Advocate for the State.

(2.) Appellants, Lalu Prasad Singh son of Lala Ram and Ram Prakash son of Devi Ram, have filed this Criminal Appeal against the judgment and order dated 19.05.2009 passed by Special Judge, E.C. Act/ Additional Sessions Judge, Mainpuri in Sessions Trial No. 144 of 2000 convicting and sentencing the appellants under Section 304(II) read with section 34 IPC to seven years rigorous imprisonment along with fine of Rs. 10,000/- each. On failure to deposit the fine they have been directed to undergo six months further imprisonment. They have also been sentenced to three months simple imprisonment and fine of Rs. 500/- each under Section 323 IPC. On failure to deposit the fine they have been directed to undergo further imprisonment of one month. All the sentences have been directed to run concurrently.

(3.) The prosecution case is that on 09.03.1999 at 8 p.m the goats of accuseds entered in the house of the informant, Smt. Mamta and was causing harm. When Mamta went to the house of accuseds complaining about their goat they caused injuries to Smt. Mamta, Narendra, Govind and Smt. Shri Devi. Regarding this incident N.C.R. under Sections 323, 504 IPC was got registered. Four persons from the side of the informant got injured and one of them, namely, Shri Devi, died on 11.03.1999 and case was converted for the offences under Sections 304 and 506 IPC.