YOGENDRA KUMAR SANGAL, J. - (1.) THIS appeal has been filed by the accused persons of S.T. No. 58/1990 State vs. Gutto and 11 ors., under Section 147, 323/149, 324/149, 304 Part-II/149 IPC, P.S. District Barabanki against the judgment and order dated 11.10.1990 passed by 3rd Additional Session Judge, Barabank. By the impugned judgment and order, learned Session Judge held guilty and sentenced them for the offence under Section 147 for 1 year R.I.; under Section 323/149 1 year R.I.; under Section 324/149 for 2 years R.I., and under Section 304 Part-II/149 for 3 years R.I., and also ordered that all the sentences shall run concurrently.
(2.) DURING the pendency of the appeal, one of the appellant Hari Ram had died so orders for abating the appeal were passed vide order dated 20.07.2009. As per prosecution case, a written report was submitted by the informant of the case with the averments that on 08.08.1988 in the noon his son Kayum went to the house of accused Gutto to bring Kunja (Kulad). His daughter Geeta said that the same is not available. His son came back. Soon after the wife of Gutto came at his house and complained that his son Kayum had molested her girl. They paid no heed to the complaint of Gutto and his family members started searching to Kayum with an intention to beat him but they failed to find him. At about 7'O clock in the evening when informant was in his grove he saw that all the accused having lathis in their hands came at the door of his house and they started to beat his son. Kayum tried to run away from there. On hue and cry of informant and his son witnesses Subrati, Yuvraj, Hamid, Akbar, Goli Wash Ahmed came there for their rescue. Accused persons have beaten them by using lathi and dandas. Ayub, Ismil and other villagers reached there. They saw the occurrence. Accused persons succeeded in escaping from there after threatening them to kill. Aunt (Chachi) of the informant was coming to see them. On instigation of Gutto, co-accused Ram Achal brought gandasa from his house and given blow on the leg of his Chachi and inflicted injuries. Subrati received serious injuries. When he was bringing to police station on a coat for the purpose of lodging FIR, in the way he succumbed to the injuries before reaching the police station. On this report, a case was registered naming accused for the offences referred above for investigation.
(3.) RECORD shows that regarding this occurrence another report was lodged by accused Gutto with the averments that on 08.08.1988 in the noon Kayum son of Abid came at his house under the pretext for taking the Kuja and he molested his daughter Geeta. His wife reached there, but Kayum succeeded in escaping there. His daughter made complaint to them. He went to the house of Kayum. He denied the allegations. He kept mum to save the prestige of his family. In the evening at about 7'O clock Biradri persons of Abid assembled and when he was going to collect the water, they challenged him and said to see him. Abid, Hamid, etc., (names given in the FIR) started to abuse and threatened him and forced him to run. He raised alarm. Accused persons with the help of ladhi and dandas started beating him. For his rescue, his family members reached there. They were also beaten by the accused by the use of lathi and dandas. Villagers assembled there and they saved them. On this report also a cross case was registered at the police station concerned.;