- (1.) D. K. Trivedi, J. The present criminal appeal arises out of the judgment and order dated 24-8-1984 passed by the IV Addl. Sessions Judge, Rae Bareli in Sessions Trial No. 206 of 1983 convicting the accused-appellants under Sections 147. 323/149, I. P. C. and sentencing each of the to undergo R. I. for one year under Section 149, I. P. C. and six months R. I. under Section 323, I. P. C. read with Section 149, I. P. C. Both the sentences were directed to run concurrently.
(2.) ACCORDING to the prosecution case, the incident took place on 23-11-1982 at about 11 p. m. in village Chhitauna-Mariyana, P. S. Muslafabad, District Rae Bareli. It is alleged that when the com plainant was going to his field on 23-11-1982 at 3 p. m. , situate in village Chhitauna Mariyani, the accused-persons armed with Lathis and Dandas met him at the out skirt of the village and started hurling abuses. The accused also stated that it was he who led the procession of children against him (Surya Prasad) and thereafter, started beating him with Lathi and Danda. It is said that Babu Lal tried to save Ram Gopal (complainant) but he was also beaten by them. On hue and cry several persons reached there and witnessed the incident and on the arrival of the wit nesses the accused-persons also ran away. The injuries of both the injured persons namelym Ram Gopal and Babu Lal were also examined on the same day between 5. 05 p. m. to 5. 35 p. m. The prosecution in support of its case, examined as many as six witnesses; out of them P. W. 1 Ram Gopal and P. W. 2 Smt. Phool Mati and P. W. 3 Babu Lal are the witnesses of fact. P. W. 4 Dr. Virendra Kumar has proved the injury reports of Ram Gopal and Babu Lal Exts. Ka-3 and Ka-4. P. W. 5, S. I. Ram Lakhan Singh has conducted the investigation of this case. P. W. 6 Constable Mohd. Rais has proved the G. D. entries. On the other hand the accused-persons denied the prosecution case and on behalf of accused Chaturi Prasad it has been alleged that Ram Gopal and Babu Lal alongwith (bur other persons came to the door of Surya Prasad and after drag ging Chaturi, he was beaten by them. It is said that Chaturi in the right of self defenee, had used Danda.
(3.) THE defence also examined four witnesses namely: D. W. ] Dr. A. K. Garg who examined Chainri and proved the in jury report Ext. K. ha-2, D. W. 2 Dr. M. M. Pratap proved the X-ray report Ext. Kha-3, D. W. 3 Dr. U. C. Tripalhi proved that as Surya Prasad was ill on the date of the incident, therefore, he could not take part in the said offence. D. W. 4 Surya Prasad was himself examined to tried to prove the defenee ease and D. W. 5 Gulab Singh was also examined to support the defenee ease. The learned Sessions Judge after considering the evidence adduced by the parties, came to the conclusion that the prosecution case is much more probable than the defenee case and the testimony of the eye-witnesses examined by the prosecution is trust worthy and therefore, he convicted the appellants as mentioned above.;