- (1.) R P. Nigam, J This criminal ap peal has been preferred by the appellants against the judgment and order, dated 11-11- 1983 passed in ST. No. 29 of 1982 by Ilnd Additional Sessions Judge, Faizabad by which the appellants were convicted under Sections 426 and 147, IPC and each appellant was sentenced to pay a fine of Rs. 500/- and in default of payment of fine to undergo rigorous imprisonment for two months under Section 126, IPC and to pay a fine of Rs. 500/- and in defualt of pay ment of fine to undergo rigorous impris onment for two months under Section 147 IPC.
(2.) THE case of the prosecution as dis closed in the written report Ex. Ka-1 lodged by Savitri Devi PW-1 in police station Raunahi, district Faizabad on 27-7-1980 at 7. 00 A. M. is as follows: "savitri Devi, wife of Sri Ram Naresh, is the resident of village Devra Kot police station Raunahi district Faizabad. On 27-7-1980 in the night at about 3. 00 a. m. Ram Chander Verma, son of Chhedi Verma resident of Wali-ka-Purva, Gajraj resident of Walli-ka-Purva, Nar endra Bahadur resident of Ali Ganj, Harish Chandra son of Tulsi Ram resident of Chiraidhpur Kheri, Tulsi Ram resident of Chirninhpur Kheri, Vaishram and Juggi Lal and other persons came with gun, pistol, lathi, danda and phawara and Ballam and demol ished the wall which was of bricks and which was towards north-east and came at the roof and had snatched watch which had a golden chain from the hand of Savitri Devi and had taken the chain of gold whose weight was three tolas and had also taken a ring of gold and clothes and had taken cash amounting to Rs. 500/- from Savitri Devi and the said persons had assaulted Savitri Devi by kicks and fists and when the said persons were coming then Ram Chander had fired two shots by his gun and when the said persons were going then Ram Chander, Gajraj and Narender each fired one shot". On the basis of the written report Ex. Ka-I Chick FIR Ex. Ka-2 was pre pared and the case against the appellants and other accused persons was registered at report No. 9 of the G. D. on 27-7-1980 at 7. 00 a. m. under Sections 395 and 397, IPC and a copy of report No. 9 is Ex. Ka-3. Ram Suphal Sharma PW-3 was posted as Station Officer in police station Raunahi on 27-7-1980 and the FIR of this case was registered in his presence and he took up the investigation of the case. He recorded the statement of Savitri Devi complainant and had sent her for medical examination before going to the spot. He recorded the statements of Ram Naresh husband of the complainant and Somraj in the police station who were under arrest. He recorded the statements of Vidhaya Dhar and other witnesses on the spot and he inspected the spot and prepared site-plan Ex. Ka-4. During investigation he found that a case under Sections 147, 148, 427, 323 and 307, IPC was made out and therefore, he amended the case under the said sections in the G. D. He inspected the gas which is said to have been burning at the time of incident and prepared a memo in respect of that which is Ex. Ka-6. He could not complete the investigation as he was transferred. The S. O. Sadanand had filed chargesheet Ex. Ka-7 after complet ing the investgation under Sections 147, 148, 427, 323 and 307, IPC on 23-12-1980 against the appellants and Ram Chander and Tulsi.
(3.) THE accused Harish Chandra, Vishram, Juggi Lal and Tulsi were charged under Section 395, IPC and the accused Ram Chander and Narender Bahadur were charged under Section 395 read with Sec tion 397, IPC and in the alternative all the accused were charged under Sections 147 and 426, IPC read with Sectoin 149, IPC by the learned Court below. The prosecution in order to prove its case against the appellants and Ram Chander had examined Savitri Devi as PW-1, Satjit Prakash Tewari PW-2 and Ram Suphal Sharma as PW-3. The prosecution had relied upon eight papers which are from Ex. Ka-1 to Ex. Ka-8.;