- (1.) VINOD Prasad, J. The four real brothers Surendra Singh, Amrendra Singh, Narendra Singh, Virendra Singh all sons of Bheekam Singh, residents of Village Chandiyapur, Police Station Tirwa, District Kannauj alongwith Girand Singh, Radhey Shyam and Harsukh @ Harsukh Lal have challenged their convictions and sentences for offences under Section 147 I. P. C. for six months R. I. with fine of Rs. 1,000/- (Rs. One thousand), under Section 323/149 I. P. C. for six months R. I. and fine of Rs. 1,000/-, and under Section 324 I. P. C. for one year R. I. and fine of Rs. 1,000/- (Rs. One thousand) recorded by 1st Additional Sessions Judge, Kannauj in Criminal Appeal No. 11/2006, Surendra Singh and Ors. v. State of U. P. The Lower Appellate Court had further ordered that all the sentences shall run consecutively. Earlier the appellants were convicted by Additional Chief Judicial Magistrate, Kannauj in Case No. 523 of 2003, State v. Bheekam Singh and Ors. , under Sections 147, 323, 324 I. P. C. and were sentenced for two years R. I. on the first count with fine of Rs. 1,500/- (Rs. Fifteen thousand), six months R. I. with fine of Rs. 1,000/- (Rs. One thousand) on second count and three years R. I. with fine of Rs. 2000/- (Rs. Two thousand) on the last count. They were also awarded further imprisonment in the event of default in payment of fines vide order dated 31-5-2006 by the Trial Magistrate.
(2.) IN short the prosecution allegations against the revisionists are that informant injured Roshan Ali had grown the crop of Maize and Gram in the field of Sriram Thekadar being Chak No. 542 which he had taken on lease. On 27-3-1990 at 10 a. m. nine the accused persons including the seven revisionists were cutting the said crop (two others were Jaswant Singh and Bheekam Singh who had died during the trial and their trial had abated ). On objection being raised by the injured informant Roshan Ali, he was belaboured by lathi by the culprits. His cry for help attracted his daughter Takdeeran, his sons Ahasan Ali, Riyasat Ali and his nephew Safeeq Ali on the spot who were also belaboured by the male-factors. F. I. R. (Exibit Ka-1) of the said incident was scribed by Sajid Ali and was lodged by the informant Roshan Ali at the police station Tirwal, District Kannauj on the same day at 3. 00 p. m. covering a distance of 3 Kms. west from the place of incident. The injured persons were medically examined on 27-3-1990 vide exhibit Ka-2, Ka-3, Ka-4 and Ka-5 at P. H. C. Tirwa and their injury reports indicated that Safeeq Ali had two abrasions and a complaint of pain, Roshan Ali had an incised wound on left knee with complaint of pain, Smt. Takdeeran had a lacerated wound on the right side skull with a contusion on her right shoulder and Riyasat Ali informant had a lacerated wound on the right side skull with an abrasion on the scapular region. All the injuries of all the injured persons were found to be simple by the doctor. INvestigation into the crime resulted into charge- sheet against the revisionist for offences under Sections 323/34 and 324/34 and 506 I. P. C. for which they were summoned by the Additional Chief Judicial Magistrate, Kannauj who framed charges against them for offences under Sections 147, 323, 324 I. P. C. Prosecution in support of its case examined P. W. 1 Roshan Ali (informant), P. W. 2 Riyasat Ali (injured), P. W. 3 Takdeeran (injured), P. W. 4 Girand Singh, P. W. 5 Doctor Prem Kumar Gupta and P. W. 7 Raj Narayan Tipathi (I. O.) in the trial. The accused pleaded false implication because of enmity with the witnesses.
(3.) FINDINGS the case of the prosecution prove to the hilt Additional Chief Judicial Magistrate, Kannauj vide his impugned order dated 31-5-2006 convicted all the revisionists under Sections 147, 323, 324 I. P. C. and sentence them to various terms of imprisonment and fine as has been mentioned above. The revisionists aggrieved by the aforesaid conviction and sentences preferred Criminal Appeal No. 11 of 2006 before the Sessions Judge, Kannauj, which was partly allowed by Additional Sessions Judge, Kannauj vide his impugned order dated 27- 1-2004. The Lower Appellate Court maintained the convictions but altered the sentences to six months imprisonment with fine of 1,000/- (Rs. One thousand) for offence under Section 147, six months imprisonment with fine of Rs. 1,000/- (Rs. One thousand) for offence under Sections 323/149 I. P. C. and one year imprisonment with fine of Rs. 1,000/- fine for offence under Section 324 I. P. C. and further ordered that all the sentences shall run consecutively. Meaning thereby that each of the revisionist were sentenced to two years imprisonment with Rs. 3,000/- as fine. It was further ordered by the Lower Appellate Court that each accused will undergo three months further imprisonment in default of payment of fine. Aggrieved by their dismissal of appeal revisionist have field the present revision.;