- (1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by three appellants namely Baiju, Raju and Dhunnu all sons of late Brijlal against the judgment and order dated 6.5.2005 passed by learned Additional Sessions Judge, Court No. VII, Raebareli in Sessions Trial No. 57 of 2001, case crime no. 103 of 1987 convicting and sentencing the appellants under Section 323 I.P.C. for a period of six months' rigorous imprisonment, under Section 147 I.P.C. for a period of three months' rigorous imprisonment, under Section 504 I.P.C. for a period of one month's rigorous imprisonment. All the sentences shall run concurrently.
(2.) BRIEF facts of the case are that on 13.04.1987 at about 2.00 p.m. complainant's nephew Shankar Dayal had gone to take bath in river, he was beaten by appellant Babloo. His elder brother Ganga Shankar went to enquire regarding the incident and he was also assaulted by appellant Babloo with brick. On the alarm raised by Gangashankar, Bablu's two brothers arrived at the spot who assaulted Gangashankar by lathi and danda and set fire to the thatch of the house of the complainant. The house started burning. The incident was witnessed by Hira Lal, Chhabilal. Accused abusing went to their house.
(3.) THE complainant gave a written report(Ext. ka -1) at the police station Lalganj and on that basis F.I.R.(Ext. ka -2) was lodged. Charge -sheet(Ext. ka -3) was submitted in the Court. The injured Manoj Kumar was examined on 14.05.1987 at 10.25 a.m. Injury report(Ext. ka -5) indicates one abrasion, one lacerated wound and one circular abrasion. Doctor opined injury nos. 1 and 3 caused by friction of rough object while injury no. 2 caused by hard blunt. Nature of all injuries was simple. Duration within one day old. The injured Mannaur was examined on the same day i.e. 14.05.1987. Injury report(Ext. Ka -6) indicates two abrasion and complaint of pain was found on his persons. Injuries caused by friction of rough object. Nature of injuries was simple. Duration about one day old. The injured Prerna Devi was examined on 14.05.1987 at 12.10 afternoon. Injury report(Ext. ka -7) indicates contused swelling and defusing contused swelling and complaint of pain. Both the injuries are caused by hard blunt object simple in nature. Duration about one day old. Injury of Ganga Shankar was also examined on 14.05.1987 at about 11.20 a.m. Injury report(Ext. ka -8) indicates two are contusion and two are abrasion and complaint of pain. Injury nos. 1 and 4 caused by hard blunt object while injury nos. 2 and 3 caused by friction of rough object. Injuries were simple in nature. Duration about one day old.;