- (1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellants namely Sohan son of Kalloo and Kunwarey son of Sohan against the judgment and order dated 13.02.2002 passed by learned Additional Sessions Judge/F.T.C. -3, Lucknow in Sessions Trial No. 1359 of 2000, convicting and sentencing the appellants under Section 324 I.P.C. for a period of two years' R.I. and fine of rupees two thousand each and in default of payment of fine each appellant to undergo additional sentence of six months' imprisonment in case crime no. 69 of 1999 under Sections 323, 324, 506 and 307 I.P.C., police station Kakori, district Lucknow.
(2.) ACCUSED appellants Sohan and Kunwarey were acquitted for the charges under Section 307 I.P.C. Accused Hajari was acquitted for the charges under Sections 307 and 324 I.P.C.
(3.) THE prosecution story, in brief, is that the complainant's elder brother Deena and his sister Sukhrani had gone to cut 'arhar' in their field on 25.03.1999. The elder brothers of complainant Sohan son of Kallu, Hajari and Kunwar, who were already present in the field, objected to cutting of 'arhar'. The appellants started quarreling. Further they assaulted with lathi danda and hasiyan. Complainant's sister Sukhrani got injured by hasiyan blow, appellants threatened her with dire consequences if she would report the matter to the police. The first information report of the incident was lodged at police station Kakori against accused Sohan, Hajari, Kunwar under Sections 323, 324 and 506 I.P.C.. After investigation, the charge -sheet was submitted under Section 307, 323, 324 and 506 I.P.C against accused Sohan, Hajari and Kunwar. Learned Magistrate took cognizance of the case and after completion of legal procedure the case was committed to the court of Sessions. The charges were framed against accused under Sections 307/34 and 324/34 I.P.C. Accused denied charges framed against them and claimed trial.;