POONAM SRIVASTAV, J. - (1.) CRIMINAL appeal preferred by accused/appellants Babu son of Khairati, Ashraf and Musharraf sons of Zafar, Bhura son of Ameer Ahmad, Ameer and Muneer sons of Raseed, Daud son of Rafeek and Mukarram son of Zafar, arising out of Session Trial No.724 of 1997 State of U.P. Vs. Babu and others. Appellants were convicted by Additional Sessions Judge/FTC No.4, Saharanpur, vide judgment and order dated 24.9.2007 and they were convicted for offences under Section 147 I.P.C. and sentenced to one year R.I., under Section 323/149 I.P.C. six months R.I., under Section 325/149 I.P.C. three years R.I. and fine of Rs.500/- each, in default of payment of fine, further imprisonment of 15 days, under Section 302/149 I.P.C. life imprisonment and fine of Rs.2,000/- each. In default of payment of fine, two months additional imprisonment.
(2.) SINCE criminal appeal arises out of cross cases registered at case crime nos.65 of 1997 and 65-A of 1997 at Police Station Chilkana, District Saharanpur, both cases were tried together, though decided by different judgments but on the same date, therefore, we proceed to hear the instant appeal. We have heard Sri V.P. Srivastav learned Senior Advocate assisted by Sri Rajiv Lochan Shukla learned counsel for appellants, Sri Anurag Pathak learned counsel for first informant and learned A.G.A. for the State. One Ikram died in the incident, which occurred on 5.5.1997 at 11:30 a.m. in village Chalakpur. First information report was lodged by PW-1 Shakeel initially for offences under Sections 147, 148, 323, 504 I.P.C on 5.5.1997 at 12:45 p.m. at Police Station Chilkana, District Saharanpur. Police station is situated at a distance of four kilometres.
(3.) PROSECUTION story as unfolded in the first information report lodged by PW-1 Shakeel son of Yasin at case crime no.65 of 1997 is that on 5.5.1997 at 11:30 a.m. while Ikram son of first informant Shakeel, Jabbar, Ikram's daughter-in-law Zulekha, Maqsood, Yaqoob, Mehmood, Mustqeem, Ayyub were storing haystacks in Gher of late Khursheed Namberdar, resident of village Chalakpur, appellants arrived at the Gher, abused and challenged that they have no share in the property, therefore, they started to chase them away with Lathi, Danda and Sariya. First informant and deceased tried to stop them but to no avail, the accused/appellants continued with their assault. On hearing shout and shrieks, many people from the village arrived. Deceased Ikram, first informant Shakeel, Mehmood, Ayyub, Zulekha and Yaqoob are alleged to have received injuries in the incident. First information report was scribed by Khushran son of Mohd. Yaqoob. Appellants, deceased and witnesses belong to one and the same family. ;