JUDGEMENT
Harsh Kumar, J. -
(1.) The appeal has been filed against the judgment and order dated 30.6.1992 passed by Vth Additional District and Sessions Judge, Etawah in S.T. No.114 of 1988 by which the accused appellants were convicted for the offences under Sections 147, 148, 323/149, 325/149 and 452 I.P.C. and sentenced accordingly.
(2.) The brief facts relating to the case are that F.I.R. was lodged by Kalyan Singh on 10.11.1986 at 11.30 a.m. at Case Crime No.75 of 1986 under Sections 147, 148, 149, 307, 452, 336, 323, 324, 504, 506, IPC & 27 Arms Act P.S. Shayal, District Etawah against the accused appellants with the allegations that
"Today at 7.30 a.m. all the accused persons formed unlawful assembly and armed with deadly weapons in furtherance of common object of the unlawful assembly entered the house of first informant and caused multiple grievous injuries to Putai Singh, Smt. Bitola Kunwar, Kalyan Singh, Nanhey Singh and Subedar Singh and others".
(3.) Upon investigation, charge sheet was submitted against them under Sections 147, 148, 149, 307, 452, 336, 323, 325, 504, 506 IPC & 27 Arms Act and case was committed to sessions where charges were framed after completion of prosecution evidence the statements of accused persons were recorded under section 313 Cr.P.C. and after hearing parties counsel, learned trial court held the accused persons guilty and convicted the accused appellants Ram Prasad and Kanauji Lal for the offences under Section 147, 323/149, 325/149 and 452 I.P.C. while convicted rest accused Har Bilas, Sri Ram, Naresh, Ram Narain, Dibari Lal, Naresh son of Dwarika and Puttan Ali for the offences under Sections 148, 323/149, 325/149 and 452 I.P.C.;
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