SIYA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sunil Kumar Singh Learned counsel for the appellants, learned AGA for the State and perused the record.

(2.) Aforesaid criminal appeals No. 635 of 2005 and 644 of 2005 have been filed by the appellants Siya ram, Data Ram, Ram Ratan and Ram Sewak respectively, against the judgment and order dated 11.4.2005, passed by Additional District and Sessions Judge, Court No.3, Hardoi, in S.T. No. 288 of 1995, arising out of Crime No. 36 of 1994, relating to Police Station Manjhila, District Hardoi, whereby the appellants have been convicted and sentenced, under Section 302/34 IPC for life imprisonment and fine of Rs. 10,000/- each, in default of payment of fine two years R.I., under Section 325/34 IPC for five years R.I. and fine of Rs. 5000/- each, in default of payment of fine for one year R.I. and under Section 323/34 IPC for six months R.I.

(3.) The prosecution story as emerges from the record of the subordinate court is, that a written application was presented on 28.3.1994 at 9.15 A.M. to S.H.O., Police Station Manjhila, District Hardoi by Raja Ram s/o Dwarika Prasad, R/o Lokpur, Majra Kusuma, Police Station Manjhila, District Hardoi, stating therein that on 27.3.1994 at about 8.00 P.M., when he was going to extend Holi greetings, Siya Ram son of Kuber Kachi, Data Ram, Ram Ratan and Ram Sewak both sons of Bihari, who are residents of the same village, for the reason of old enmity pertaining to the passage of tractor trolley of Raja Ram, assaulted him with sticks. On an alarm raised by him, Ram Ratan son of Dwarika R/o Lokpur, Police Station Manjhila, District Hardoi, Dinesh Kumar son of Raja Ram, Ram Swaroop son of Bulaki, Hari Shankar and Majnu arrived at the spot to save him, however, they were also assaulted by the above accused persons with lathis (sticks). Hue and cry made by all of them attracted Babu Ram son of Dwarika, Ram Lal son of Immer and many other villagers, who challenged the accused persons and saved him and others from accused persons. It is further stated that the accused persons after extending threats and hurling abuses to them, fled away from the scene of occurrence.