ANIL KUMAR SRIVASTAVA-II,J. - (1.) Heard Shri Dinesh Kumar Ojha, learned counsel for the appellant and learned A.G.A. and perused the record.
(2.) Instant appeal has arisen against the judgment and order dated 06.12.1996 passed by learned Additional Sessions Judge, Raebareli in S.T. No. 121/92, arising out of case crime no. 79/91, Police Station-Mohanganj, District Raebareli, wherein the accused-appellants were convicted under section 323 read with section 34 IPC and sentenced for six months rigorous imprisonment, under section 506(2) IPC for six months rigorous imprisonment, under section 304 read with section 34 IPC for ten years rigorous imprisonment and fine of Rs. 4000/- each with default stipulation of two years imprisonment.
(3.) According to the prosecution version, accused Ram Sudhare, Chhote Lal and Kishore, son of Chhote Lal were trying to forcibly take possession of the grove land of father of complainant Gurucharan. On 21.8.1991, in the morning at 06:00 AM when they were trying to encroach upon the grove land, complainant alongwith his father Ram Dayal resisted them, then the accused beaten him and his father by 'lathi', 'danda' and also strangulated his father. On raising an alarm by the complainant Shobh Nath, Siya Ram and other villagers came. Accused ran away from the scene. Father of the complainant received serious injuries on his head, left arm and got unconscious.;