- (1.) The instant appeal filed on behalf of the accused appellants is directed against judgment and orders dated 21st October, 1982 passed by Sri S.K. Agnihotri, the then 4th Additional Sessions Judge, Aligarh in S.T. No. 64 of 1982 (State Vs. Basdev and four others) whereby the appellant nos. 1 and 2 were convicted under sections 148, 323/149 and 324/149 IPC and appellant nos. 3 to 5 were convicted under sections 147, 323/149 and 324/149 IPC. First two appellants were sentenced to undergo rigorous imprisonment for two years, one year and two years, respectively. Rest of the appellants were sentenced to undergo rigorous imprisonment of one year, one year and two years respectively.
(2.) Heard Sri S.P. Giri learned counsel for the appellants and Sri Sushil Kumar, learned A.G.A. For the State-respondent.
(3.) The facts giving rise to the present appeal may be summarized as under: That on 16th September, 1979 at 6.30 p.m. Hari Krishna gave a written report at P.S. Iglas stating therein that on that day at 4.30 p.m. his cousin was going to bring Jaggery (gur). He was ambushed by Kesri, Ghure Lal, Ram Charan, Basdeo and Dal Chandra, who were armed with lathi, farsa and ballam. He was abused and beaten. When he and his younger brother Ram Narayan intervened they were also beaten. The assailants bore enmity with him on account of partition. At the alarm raised by them, co-villagers Kalyan Singh, Fauran Singh and others reached there and saved them.;