RAMDEV AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeal as well as connected criminal appeal have been preferred by appellants Ramdev, Sabharaj, Firatu, Shiv Murat, Suraju, Dasharath, Ram Kumar, Hitai, Nankoo and Sitaram against the judgment and order dated 22.10.2012 passed by Additional Sessions Judge / Special Judge (E.C. Act), Jaunpur in Sessions Trial No.241 of 2005 (State of U.P. Versus Ramdev and others) arising out of case crime no.312 of 2004 under sections 147, 148, 323/149, 325/149, 304/149 and 307/149 IPC, Police Station Sarai Khwaja, District Jaunpur whereby all the appellants have been convicted and sentenced for offence under section 147 IPC to undergo 1 year R.I. along with fine of Rs.1000/- each and a default sentence of 2 months; under section 304/149 IPC to undergo 10 years R.I. along with fine of Rs.10,000/- each and a default sentence of 1 year; under section 307/149 IPC to undergo 7 years R.I. along with fine of Rs.7000/- each and a default sentence of 6 months; under section 325/149 IPC to undergo 3 years R.I. along with fine of Rs.3000/- each and a default sentence of 3 months and under section 323/149 IPC to undergo 6 months along with fine of Rs. 500/- each and a default sentence of 15 days. Appellants Ramdev, Sabharaj, Suraju and Dasharath have also been convicted and sentence for the offence under section 148 IPC to undergo 1 1/2 years R.I. along with fine of Rs.2000/- each and a default sentence of 2 months. All sentences were directed to run concurrently.

(2.) Since both the connected appeals arise out of same judgment and order, it were heard together and are being disposed of by this common judgment and order.

(3.) Prosecution story, in brief, as unfolded in written report (Ex.Ka.1) is as follows :