- (1.) THIS appeal challenges the judgment and order dated 08.09.1982 passed by Sri M.S. Premi, IInd Additional Sessions Judge, Farrukhabad in S.T. No. 105 of 1982, whereby each appellant had been convicted for the offence punishable under sections 147, 325, 149, 323/149 IPC and instead of sentencing them at once they have been directed to file personal bond of Rs. 2,000/ - with one surety for keeping peace and good behaviour for the period of one year. However, the learned Sessions Judge has also specified sentence in case the appellants failed to file the bail bonds or on breach of condition.
(2.) THE prosecution story, in brief, is that on 02.04.1980 at about 8:45 p. m. complainant Achhey Lal submitted a written report in P.S. Gursahaiganj, wherein he stated that about eight years ago Dularey has got a sale deed of Tularam Jadav's land on which he had entrance of his house which had been in existence for 30 -35 years and last year a Panchayat was also held but Dularey had not obeyed the decision of the Panchayat and bore enmity with him on this score. It was alleged that on the date of incident i.e. 02.04.1980 at about 4 -5 p.m. while the complainant was digging earth for affixing door of his house along with his son Ram Pal, Dularey along with his brother Lakshmi, Salig Ram, Ram Niwas and one Ashok armed with Lathi and Danda arrived there and tried to stop them from digging. He tried to pacify them but they did not pay any heed and started assaulting them, whereby the complainant Achchhey Lal and Rampal sustained injuries. It was further stated that on hearing alarm co -villagers Manphool, Ram Sanehi and others arrived at the spot and accused persons made their escape good. On the basis of this report case at crime no. 126 -A under sections 147, 323 IPC was registered at the police station, investigation whereof was entrusted to S.I. Dafedar Singh. From the record it further transpires that before the report of Achhey Lal, Salig Ram (appellant no. 2) has also filed an FIR at police station Gursahaiganj, wherein inter alia it was stated that Achchhey Lal and others were trying to take forcible possession over their land which was purchased by them from Tula Ram and on their protest, Achhey Lal along with his four associates assaulted Salig Ram and Ram Niwas. However, Ram Niwas succumbed to the injuries on way to the police station.
(3.) INJURIES of Achhey Lal and Ram Pal were medically examined on 02.04.1980 at 11.00 p. m. onwards in State Dispensary Gursahaiganj. The investigation of the case was entrusted to S.I. Dafedar Singh who after completing the same, submitted charge sheet against accused -appellants. Since the instant case was a cross case of case crime no. 126 under sections 147, 304, 323 IPC, so it was also committed to the Court of Session for trial.;