R.P. Yadav, J. - (1.) This criminal appeal has been filed under section 374 (2) of Code of Criminal Procedure against the judgment and order dated 22.12.1995 passed by the Special/Additional Sessions Judge, Faizabad in Session Trial No. 130 of 1992 convicting the appellants Ram Charitra, Pradeep Kumar, Ram Dular and Jai Prakash under sections 452, 323 and 325/34 Indian Penal Code and sentencing each of them to undergo six months rigorous imprisonment under section 452 Indian Penal Code, three months rigorous imprisonment under section 323 Indian Penal Code and one year rigorous imprisonment and fine of Rs. 200/- under section 325/34 Indian Penal Code and further convicting appellant Ram Dular under section 436 Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of three years and fine of Rs. 1000/-. Various sentences of imprisonment have been awarded to the appellants in default of payment of fine.
(2.) It appears from the material on record that appellant Pradeep Kumar and Jai Prakash are real brothers. They are son's of appellant Ram Dular Appellant Ram Charitra is the nephew of Ram Dular, whereas complainant Chandra Bhan PW-1. Santram PW-2 and Maniram PW-3 (injured) are the real brothers and Ram Ajor (injured) is step brother of Chandra Bhan. Their houses lay adjoining to each other.
(3.) The occurrence is said to have taken place on 15.3.1990 at 8:30 p.m. It is alleged by the prosecution that appellant Ram Charitra alongwith Pradeep Kumar and Jai Prakash went to the house of Santram PW-2 and asked for a pump for filing the air in the eycle and on denial of Santram PW-2 that he was not possessed of any pump, the aforesaid trio are said to have assaulted him with kicks and fists. On the hue and cry of Santram PW-2, Chandrabhan complainant PW-1 reached there and tried to close the door of the house from outside, but appellants Pradeep Kumar and Jai Prakash succeeded in running away, whereas appellant Ram Charitra continued to assault Santram PW-2 inside the house. Shortly, thereafter, appellant Pradeep Kumar armed with lathi and appellant Jai Prakash armed with Pharsa alongwith his father Ram Dular appellant appeared on the scene and assaulted Santram PW-2, Maniram PW-3 and Ram Ajor Appellant Ram Dular is said to have set fire to thatched OSARA of Santram P.W.2. On the alarm raised by Chandrabhan complainant PW-1 and Santram P.W. 2, some persons of village reached the spot, where after appellants are said to have escaped away.;