Sheo Kumar Singh, J. - (1.) Instant criminal appeal has been preferred against the judgment and order dated 06.09.2000 passed by VI Additional District & Sessions Judge, Rae Bareli in Sessions Trial No.177 of 1991 whereby and whereunder accused/appellants Gaya Prasad, Bindra, Swami Nath and Ramdev were found guilty under Section 304 read with Section 34 IPC and were sentenced to undergo rigorous imprisonment for a period of three years with fine of Rs.2000/- each. They were further found guilty under Section 323 read with Section 34 IPC and were sentenced to undergo rigorous imprisonment for a period of three months. Out of the fine amount so deposited, Rs.2000/- were directed to be paid to the injured.
(2.) During pendency of the appeal, appellants Gaya Prasad, Bindra and Swami Nath died. Hence, the appeal in respect of aforesaid three appellants stood abated vide order dated 17.08.2017.
(3.) The brief facts giving rise to filing of this appeal are that both the parties i.e. prosecution and the accused/appellants belong to a common family inheriting the property of Sheetal, who had three sons namely Sukhdeen, Ram Prasad and Surajpal. There was some dispute with regard to landed property between the channels of Ram Prasad and Sukhdeen. On 19.07.1988 at about 07.30 AM in village Aliganj, Police Station Mohanganj, District Rae Bareli, when members of both families were collecting mangoes from mango trees, the accused/appellants asked as to why they had taken the mangoes from their trees on which they refused that they have not taken the mangoes from their trees. On this, accused/appellants started to abuse and when they were restrained from doing so, they started to beat, Ram Pyarey, Ram Khilawan, Tribhuwan, Radhey Shyam and Swami Dayal. It is narrated that the land of orchard was handed over to father of Gaya Prasad by the then Zamindar and his father had planted the trees there and during consolidation proceedings Gaya Prasad had given half of the portion to Ram Pyarey and Raghunath. It is stated by defence that the prosecution witnesses had collected the mangoes from all the trees and accused/appellants Bindra and Ramdev restrained them from doing so. Being annoyed by the conduct of the prosecution witnesses, they caused injuries to the accused/appellants by beating them with lathis. In defence, the accused/appellants also used lathis. The first information report was lodged in the police station where it was registered and after investigation charge sheet was submitted against accused/appellants. After taking the cognizance by learned Chief Judicial Magistrate, the case was committed to the Court of Sessions where all the accused/appellants were summoned and charges were levelled against them for which they pleaded not guilty and claimed for trial.;