HARI SHANKER Vs. STATE OF U.P.

JUDGEMENT

(1.) Present appeal has been filed against the judgment and order dated 30.08.1996 passed by Special/Additional Sessions Judge, Fatehpur convicting the appellants-Hari Shanker and Radhey Shyam under Section 148, 323/149 and 307/149 of Indian Penal Code (hereinafter referred to as "I.P.C.") and sentencing the appellants to undergo six months' rigorous imprisonment under Section 148 I.P.C., further six months' rigorous imprisonment under Section 323/149 I.P.C. and two years' rigorous imprisonment with a fine of Rs.2000/- each under Section 307/149 I.P.C. in Session Trial No.85 of 1988 (State and others Vs. Hari Shanker and others), Police Station-Jahanabad, District-Fatehpur.

(2.) The case of the prosecution in brief is that Ram Kishore Uttam has given a Tahrir to S.O., Jahanabad on 29.11.1986 that at about 08:00 a.m. in Village-Lahuri Sarai, in front of northern gate of the factory of complainant; Hari Shanker and Radhey were raising construction of shop. One Pramod Kumar asked and prohibited not to do so. Annoyed of it, Hari Shanker, Radhey, Bhagween Deen, Raj Kumar and Bhikhari Neta, residents of Sarai Dharampur and some other outsiders armed with guns, pistols, lathi and danda attacked the family members of complainant with common intention. As a result of which, Vinod Kumar, Pramod Kumar, Bachchi Lal, Km. Shyam Shree, Km. Shyam Kali and Km. Manju Devi received injuries. On hearing the noise, the residents of the same village Gulab and Ram Kumar reached on spot and saw the incident.

(3.) On the basis of Tahrir, F.I.R. was lodged on the same date at about 09:30 a.m. under Crime No.254/86, under Sections 147, 148, 149, 307 I.P.C. with entry in G.D.