- (1.) THE appellants, in this criminal appeal, have been convicted by Additional Sessions Judge (Fast Trace Court), Faizabad in S.T. No.265/83, whereby all of them have been convicted under Section 440 IPC and have been sentenced to undergo rigorous imprisonment of two years each. A fine of Rs.6,000/ - each has also been imposed on them and it has been provided that in default of payment of fine, they shall further undergo rigorous imprisonment of six months.
(2.) DURING the pendency of the criminal appeal, the appellant no.2, namely,? Ram Sahay died and, therefore, the appeal is being decided in respect of rest of the seven accused.
(3.) THE appellants as well as one Mitra Sen Yadav faced trial under Sections 395 and 440 IPC. Mitra Sen Yadav was acquitted from all of the charges while the appellants were acquitted from the charge under Section 395 IPC but were convicted under Section 440 IPC. The prosecution case, in short, is that on 26.10.1982 the appellants raided the house of the informant and not only demolished his house, but also damaged the property kept inside the house and also looted several articles. The matter was reported to the police and the case was registered against the accused -persons under Sections 395 and 397 IPC. It was stated in the FIR that during the course of occurrence, several persons reached the spot and tried to stop the appellants from demolishing the house of the informant and on their opposition, the appellants assaulted them with dangerous weapons as a result of which three persons received minor injuries. On submission of charge -sheet by the police, the trial court framed charges under Section 395 and 440 IPC and proceeded to record the evidence of the prosecution. The prosecution examined eight witnesses, who proved the occurrence and thereafter the statement of the appellants was recorded under Section 313 CrPC in which they stated that they were innocent and had been falsely implicated by the informant due to political rivalry. The appellants also examined one witness in defence and filed the copy of the judgment of Session Trial No.264/83. The learned trial court on the basis of the evidence on record did not find the charge under Section 395 IPC proved against any of the accused -persons but found the appellants guilty of the offence punishable under Section 440 IPC.;