SATYA PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anurag Sharma, learned counsel for the appellant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the lower court record.

(2.) This criminal appeal has been preferred by appellants, Satya Prakash, Om Prakash and Ram Prakash, all sons of Chandra Pal, against the judgment and order of conviction dated 07.01.2009 passed by Special Judge, S.C./S.T. P.A. Act, Budaun in Special Sessions Trial No. 140 of 1996, arising from Case Crime No. 259 of 1991, State vs. Satya Prakash and 2 Others, convicting and sentencing the appellants to 3 years rigorous imprisonment and fine of Rs. 200/- each, under Section 452 I.P.C.; to 6 months rigorous imprisonment under Section- 323 I.P.C. read with Section 34 I.P.C.; to 3 years rigorous imprisonment along with fine of Rs. 200/- each, under Section 325 I.P.C read with 34 I.P.C.; to 1 year's rigorous imprisonment along with Rs. 100/- each under Section 504 I.P.C. and to 1 year's rigorous imprisonment along with fine of Rs. 200/- each under Section 3(1)(X) of S.C./S.T. Act. On failure to deposit the fine the appellants are directed to undergo six months further imprisonment. All the sentences were directed to run concurrently.

(3.) The prosecution case in short is that the informant, Ram Deen, son of Ganga Ram Khatik, resident of village Byor, Police Station- Binavar, District- Budaun, gave an application dated 28.09.1991 at the aforesaid police station alleging that on the direction of the village pradhan the informant along with Jagdish and Ram Babu were constructing village street on 27.08.1991 as labourers. The appellants came to them and abusing them stated that they do not come to work at their place and are working here on the direction of pradhan. The informant and his companions asked them not to abuse them but they came with lathi-danda in their hand and started beating them. They got terrified and ran into their houses. The appellants entered into their houses chasing them and caused injuries to them. When the ladies of the house came to save them they were also beaten. This incident took place at about 6:00 p.m and was seen by villagers, Jhamman, Shivraj and others who saved them. In this incident the informant suffered injury in the finger of right hand and Jagdish and Ram Babu also suffered injuries over their bodies.