ANIL KUMAR SRIVASTAVA,J. - (1.) Heard Shri Kapil Misra, learned counsel for the appellant, learned A.G.A., Shri S.P. Dwivedi learned counsel for the complainant and perused the record.
(2.) Instant appeal has been preferred against the judgment and order dated 04.6.2008, passed by learned Additional Sessions, Judge, Court No.3, Sultanpur in S.T. No.251/2004, arising out of Crime No.206/2001, Police Station Kotwali Dehat, District Sultanpur, whereby the appellants were convicted and sentenced under section 147 IPC for one year rigorous imprisonment, under section 323/149 IPC one year rigorous imprisonment, under section 324/149 IPC two years rigorous imprisonment, under section 504 IPC one year rigorous imprisonment, under section 506 one year rigorous imprisonment and under section 304/149 IPC seven years rigorous imprisonment and fine of Rs.2000/- with default stipulation of six months.
(3.) According to the prosecution version, a written report was submitted by Mahabir Yadav stating that on 22.5.2001 at about 08:00 AM, he along with his wife Hubraji was cleaning the conduit at his door. Accused Ram Bahadur, Latheru, Ramesh, Ram Sumiran and Haivat Ram came armed with lathi, farsa and said that if he will try to clean the conduit they will kill him. On resistance by the complainant, all of them started beating him and his wife by lathi and farsa. When his son Premnath and grandson Sanjay came, they were also beaten. Ramesh was armed with farsa while others were armed with lathi. Rajesh Man Singh and others came at the spot. Accused ran away from the place of occurrence. On the basis of the written report case at Crime No.206/2001 was registered at Police Station Kotwali Dehat at 09:20 AM, under section 147, 323, 324, 504, 506 IPC. Investigation was handed over to S.I.D.N. Srivastava. Mahabir was brought to District Hospital Sultanpur at 11:15 AM but his injuries could not be noted as he expired during management. Hubraji was medically examined on 22.5.2001 at 10:55 AM. Following injuries were found on her body :- (i) Lacerated wound 'V' shaped 4 x 2.5 cm over frontal region, 2 cm above from root of nose. Bleeding present. (ii) Incised wound 2 x 0.5 cm x muscle deep, tailing present. Margins well defined. Bleeding just below right eye. (iii) Linear abrasion 7 cm x 0.2 cm over back of right thigh. Colour reddish. (iv) Contusion 5 x 2 cm over right shoulder joint. Injury no.1, 3 and 4 was caused by blunt object and kept under observation. X-ray of skull was advised. Injury no.2 was caused by sharp edged weapon. Injury no.3 and 4 were simple in nature. All the injuries were fresh.;