- (1.) HEARD learned counsel for the appellant, learned AGA for the State and perused the record.
(2.) THIS criminal appeal has been filed against the judgment and order dated 25.08.1994, passed by Additional District and Session Judge -II, Raebareli, by which the appellants have been convicted for the offences punishable under Sections 147 and 325/149 IPC.
(3.) AS per prosecution version, the complainant Sunil Kumar Srivastava lodged an First Information Report alleging that there was enmity with the accused -persons due to which on 01.02.1989, at about 8.00 AM, the accused -persons had caused injuries to the uncle of the complainant and after causing injury run away towards the village. The uncle of the complainant was admitted to District Hospital, Raebareli. It has also been mentioned in the First Information Report that even on the alarm, no person had came to rescue the injured. Upon this information, the case at Crime No.58/1989 was registered for the offences punishable under Sections 147, 149, 323, 504 and 506 IPC against nine persons. During the trial, two persons had died. The prosecution had examined Sunil Kumar Srivastava (Complainant) as PW -1, Anand Kumar Srivastava (injured) as PW -2, Dr. A.K. Shukla as PW -3, Dr. Ragani Singh as PW -4, S.I. Rahimudeen as PW -5 and Head Constable Ram Gopal Verma as PW -6. After recording the evidence of the prosecution, the statements of the appellants were recorded under Section 313 CrPC in which they have denied the evidence. Some documentary evidence regarding the previous litigation was filed by the appellants. After appreciating the evidence on record, learned Additional Session Judge, Raebareli came to the conclusion that the appellants are guilty for the offences punishable under Sections 147 and 325/149 IPC and accordingly convicted them with an imprisonment of one year for the offence punishable under Section 147 IPC along with fine of Rs.500/ - and they were also convicted for the offence punishable under Section 325/149 IPC with an imprisonment of three years rigorous imprisonment alongwith fine of Rs.1,000/ -.;