K.C.Bhargava - (1.) THIS is an appeal against the order and judgment dated 8th September, 79 passed by IIIrd Addl. Sessions Judge, Ghazipur convicting and sentencing all the appellants under Sections 324/149 and 323/149, I.P.C. and sentencing each of them to two years R I. and 1 year's R. I. respectively. Both the sentences have been directed to run concurrently.
(2.) THE facts of the case as disclosed in the F.I.R., Exhibit Ka 5 are that on 17.12.76 at 11 in the night, the appellants, namely. Ram Janam, Vishwa Nath and Mahtim and four other unknown persons came at the house of the complainant Indra Deo. All the appellants and 4 unknown persons were armed with lathies and dandas. Ram Janam appellant was also armed with Katta. THEy called his father by name. On this his father asked as to who has come. THEreupon, Ram Janam appellant said that some guests have come and they want to talk to him. On this, the complainant and his father came out of the Chappar. THEreupon, all the accused along with the unknown persons started weilding lathies and dandas. In the mean time, Mahtim and Vishwa Nath appellants were caught hold by them. On their raising alarm and when they tried to catch hold Ram Janam appellant, he fired a shot, the pellets of which hit his father Swaroop, P.W. 3. All these appellants thereafter ran away. This incident was witnessed by Ghuman, P. W. 2, Sag Ram, Kali Charan, Jag Nandan and Dukhanti, D.W. 1. It has also been mentioned that there is enmity between them and Ram Janam on account of a land, which has resulted in this incident. The F.I.R of this incident was lodged at the police station on 18.12.76 at 6.30 am. Thereafter, the investigation was done by Gajadhar Singh, P.W. 6, who submitted the charge-sheet. The appellants were committed to the Court of Sessions under Section 307, read with Section 149, I.P.C. Appellants Vishwa Nath and Mahtim were also charge sheeted under Section 147, I.P.C. and the appellant Ram Janam was charge-sheeted under Section 148, I.P.C. also. The prosecution examined six witnesses in all. Out of which, Indra Deo, P.W. 1 and Swaroop, P.W. 3 are the eye-witnesses. Four persons, namely, Indra Deo, P.W. 1, Dharamdeo, Swaroop, P.W.3 and Smt. Sheodasi, W/o Swaroop, were victims of the incident. Their injuries were examined by Dr. Onkar Nath Rai, P.W. 5 on 18.12.76.
(3.) DEFENCE also examined Dukhanti, D.W. 1, who has been mentioned as a witness in the F.I.R and Ram Krit, D.W. 2.. After considering entire evidence on record, the learned Addl. Sessions Judge convicted and sentenced the accused persons as aforesaid. Aggrieved against this Judgment, the appellants have come in appeal and have challenged the correctness of the order passed by the learned trial court.;