- (1.) THIS criminal appeal is directed against the judgment and order dated 16-6-1980 by which learned II Additional Sessions Judge, Barabanki convicted and sentenced the two appellants to four years' R. I. under Section 307/34 of I. P. C. and six months' R. I. under Sections 323/34 of I. P. C.
(2.) ON 21-10-77 at 8. 35 a. m. one Jang Bahadur Singh lodged a written report (Ext. Ka-1) with police station Loni Katra against these two appellants, Om Prakash (deceased) and Ram Kumar alias Munnu, alleging therein that on 20-10-1977 at about 8. 30 in the evening, while he was coming back after visiting his fields all these persons assaulted him with their Lathis near the Primary School, as a result of which he sustained injuries. It was also stated that he also wielded Lathi in his defence. The incident was allegedly witnessed amongst others by Chandrika Bux Singh, Baleshwar Singh and Iqbal Bahadur Singh. It may be mentioned that a cross-F. I. R. was also lodged by appellant Durga Prasad on the same date at 2. 30, against the first informant Jang Bahadur Singh and 12 others in which it was alleged that the accused named therein committed rioting with deadly weapons and in prosecution of the common object of that unlawful assembly killed Om Prakash and injured others. After necessary investigation charge-sheets were submitted in both the cases. The two appellants and their companion Ram Kumar alias Munnu were charged under Sections 307/34 and 323/34 of the Indian Penal Code, to which they pleaded not guilty and claimed trial. They came with a defence that they acted in self-defence and the complainant side was aggressor.
(3.) IN support of its case the prosecution examined Jang Bahadur Singh, Chandrika Bux Singh and Baleshwar as P. W. 1, P. W. 2 and P. W. 3 with a view to prove the actual occurrence. It also examined certain other formal witnesses. The learned Additional Sessions Judge came to the conclusion that in occurrence Marpeet that took place near Primary School Matera, only the accused Durga Prasad, Chet Ram (appellants) and Om Prakash (the deceased) participated as aggressors. He came to the conclusion that accused Ram Kumar did not assault the complainant and others, in Marpeet near Primary School. The learned Additional Sessions Judge found that the latter part of Marpeet took place on or near canal Patri. He acquitted Ram Kumar but convicted these appellants.;