- (1.) R. P. Nigam, J. This criminal appeal has been preferred by the appellants against the judgment and order dated 9-12- 1983 passed by IIIrd Additional Dis trict and Sessions Judge, Barabanki in S. T No. 118of 1982 State v. Kedar andothers, by which the appellants were convicted under Sections 147, I. PC. and 325, I. P. C. read with Section 149, I. P. C. and each appellant was sentenced to undergo rigorous im prisonment for one year under Section 147, I. P. C. and to undergo rigorous im prisonment for two years under Section 325, I. P. C. read with Sect;on 149, I. P. C. It was also ordered that the sentences of the appellants would run concurrently.
(2.) THE case of the prosecution as dis closed in the written report Ex. Ka-1 lodged by Ram Charan P. W, 1 in the police station Ram Nagar, District Barabanki on 29-5-1978 at 8. 35 a. m. is as follows: Ram Charan son of Shiv Ratan is the resident of village Ram Nagar Police Station Ram Nagar District Barabanki. Ram Charan on 29-5-1978 was cutting chara from his machine which was at his Darwaza and in the meantime Kedar Nath son of Lalta, Sia Ram son of Kedar, Prakash son of Beni, Munan son of Kedar and Banarsi son of Jagat Narain came there and these persons started assaulting Ram Charan by lathis and Banka and on alarm of Ram Charan, Shiv Shankar, Ram Saharey and Nandu son of Raja Ram, Jagdish son of Shiv Shankar and Shyam Narain son of Dev Prayag came and then the said persons had left Ram Charan and had run away. Several persons were present at the spot and Ram Charan be came unconscious. Ram Charan had gone to the police station and lodged the report there. On the basis of the written report Ex. Ka-1, Chick F. I. R. Ex. Ka-3 was prepared and the case against the appel lants was registered on 29-5-1978 at 8. 35 a. m. at report No. 12 of the G. D. under Sections 147,148,323,324,504, I. P. C. and copy of report No. 12 is Ex. Ka-4.
(3.) SRI Jawala Prasad S. I. P. W. 4 was posted as Head Moharrir in the police station Ram Nagar in May, 1978 and on 29-5-1978 at 8. 35 a. m. Ram Charan filed report Ex. Ka-1 in the police station. He has proved the chick F. I. R. Ex. Ka-3 and copy of report No. 12 Ex. Ka-4. Ram Bachan Prasad P. W. 5 was posted as S. I. in the Police Station Ram Nagar on 29-5-1978 and this case was registered in the police station in his ab sence and the investigation of this case was entrusted to him. He copied chick F. I. R. and report in the case diary and issued first parcha. He searched out the complainant and the witnesses but he could not find them and he could not do further inves tigation as he was transferred.;