Dinesh Kumar Singh, J. - (1.) Heard the arguments of Sri Anwar Husain and Sri P.K.S. Chauhan, learned counsel for the appellants and Sri S.B. Maurya, learned A.G.A. for the State.
(2.) The Present Criminal Appeal has been preferred against the judgement and order dated 6.07.1981 passed by the Sessions Judge, Fatehpur in S.T. No. 231 of 2018, State Vs. Balaiyan @ Balaiyan Singh and two others by the appellants who have been held guilty under section 325 I.P.C. read with section 34 I.P.C. and section 323 I.P.C. read with section 34 I.P.C. and have been awarded punishment under Section 325 I.P.C. read with 34 I.P.C. of four years R.I. each and one year R.I. each under section 323 read with section 34 I.P.C. and both the sentences are directed to run concurrently.
(3.) The facts in brief of this case are that the real nephews of the informant, Ram Prasad (P.W.1) namely Ram Khelawan @ Ram Krishna, Sankatha Prasad and Ganesha Prasad, all sons of Mahaveer Prasad were contesting a case with respect to land against accused, Balaiyan @ Balaiya Singh, Vishal, Krishna Pal and Nanku @ Nanku Singh, sons of Shiv Narayan Singh and despite the fact that many times decision has been given in favour of his nephews, Vishal and others were not allowing them to plough the land and were forcibly cultivating the said piece of land. On 9.11.1979 at about 09:30 a.m., when the above accused were cultivating the said field then his nephews went there and asked them not to plough the said land but the accused would not listen and started abusing and also started beating them which resulted in large number of injuries being caused to the nephews of the informant. At the scream of his nephews, the informant and other villagers i.e. Harnam Singh s/o Shiv Saran Singh, Jalesar Singh s/o Kashi Singh and Ram Asre s/o Ram Kishun Singh and others reached the spot and counselled the accused not to indulge in beating but they would not calm down and went away from there saying that they would not stop until they beat them to death. After much persuasion of the informant and the witnesses, accused went away towards village. The condition of Ganesh Prasad was extremely delicate. After picking all the injured in the Tonga, the informant went to lodge the F.I.R.;