Umesh Chandra Tripathi, J. - (1.) This appeal is directed against the judgment and order dated 24.11.2001 passed by Special/Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 23 of 1991 (State v. Raj Kumar and others), arising out of Case No. 608 of 1990, Police Station - Kanth, District - Shahjahanpur, whereby appellants - Raj Kumar, Rampal, Ram Asrey, Nanhku and Ram Ratan were convicted and sentenced as follows: (a) Rigorous imprisonment for a period of six months, under Section 147 of the Indian Penal Code (hereinafter referred to as 'IPC'); (b) Rigorous imprisonment for a period of one year, under Section 148 IPC; (c) Rigorous imprisonment for a period of two years, under Section 324/149 IPC; and (d) Rigorous imprisonment for a period of five years, under Section 304 Part II/149 IPC.
(2.) All the sentences were directed to run concurrently.
(3.) Brief facts of the prosecution case, as reflected from perusal of record, are that complainant Ram Lotan s/o Chatrapal is a resident of village Garhchappa, Police Station - Kanth, District - Shahjahanpur. He had two houses - one on the eastern side of the village and the other on the southern side of the village. The second house was used for the purpose of keeping straw and wood. On 24.10.1989, while the complainant came to his second house for keeping some grass and garbage in front of his house, Raj Kumar s/o Ram Pal objected to his keeping the garbage and started throwing away the grass and garbage, claiming that the place belonged to him. On this, the complainant Ram Lotan refuted the claim of Raj Kumar and said the place belonged to him, which led to Raj Kumar getting enraged and he started abusing the complainant and threatened him with dire consequences. On the next day, i.e. 25.10.1989 at about 08.00 A.M., while complainant Ram Lotan, his 'bataidar' (a person who gets land from another, spends money and labour and the produce is shared by both) Bechey Lal s/o Nathu Gadaria and the sister of complainant Omkanti were scrapping the millet on the southern side of their village, Raj Kumar bearing country-made pistol, Rampal, Jauhari, Ram Asrey and Nanhku bearing 'lathis' (sticks) and Ram Ratan and Ram Niwas bearing 'kanta' (a sharp-edged weapon) and 'ballam' (lance), reached on the spot. Raj Kumar exhorted others for beating the complainant Ram Lotan, saying [1]. Pursuant thereto, all the accused started giving lathi blows to complainant Ram Lotan. When bataidar Bechey Lal intervened and tried to save complainant Ram Lotan, the accused started giving lathi and kanta blows to Bechey Lal. On alarm being raised by complainant Ram Lotan and his sister Omkanti, persons of the nearby fields, viz. Sagar s/o Asha Ram and Shishupal s/o Siya Ram came running to the spot and challenged the accused, whereupon the accused made their escape good towards Imalia village. Thereafter, complainant Ram Lotan along with bataidar Bechey Lal went to Police Station - Kanth, District - Shahjahanpur. Report be lodged and action be taken. The written report is on record and the same is marked as Ex.Ka.1.;