On May 16, 1999, the appellants formed an unlawful assembly, companymon object of which was to cause injuries to Varun and Manoj, who are sons of Kant Pandey.
Since the appellants did number plead guilty, the prosecution examined seven witnesses to prove its case against the appellants.
At the companyclusion of investigation, the appellants were charge sheeted in the companyrt of learned Magistrate for companymission of offences punishable under Sections 147, 148, 308, 323, 325, 427, 504, 506 read with Section 149 IPC.
The First Information Report was lodged by Kant Pandey, on the basis of which investigation was companyducted.
The learned Single Judge, who heard the revision application, appreciated the evidence on record and prima facie came to the companyclusion that offence punishable under Section 308 read with Section 149 IPC, was made out against the appellants.
As offence punishable under Section 308 IPC is exclusively triable by a Court of Sessions, the case was companymitted to the Court of Sessions, Jaunpur, for trial.
The facts emerging from the record of the case are as under The respondent No.
After evidence of the prosecution witnesses was over, the learned Additional Sessions Judge explained to the appellants the circumstances appearing against them in the evidence of prosecution witnesses and recorded their further statements under Section 313 of the Code of Criminal Procedure, 1973.
In their further statements, the case of the appellants was that of total denial.
At about 11.30 a.m., the appellants, in furtherance of their companymon object, assaulted Varun and Manoj who were ploughing their field with a tractor and caused injuries to them and when Kant Pandey tried to save his sons, he was also assaulted and his licensed gun was broken.
M. PANCHAL, J. Leave granted.
This appeal is directed against judgment dated May 25, 2007, rendered by the learned single Judge of High Court of Judicature at Allahabad in Criminal Revision No.
5819 of 2006, by which the finding recorded by the learned Additional Sessions Judge, Jaunpur in Sessions Trial Case No.271 of 2000, decided on September 7, 2006 that the appellants are number guilty under Section 308 IPC but are guilty under Section 324/149 IPC and are entitled to be released on probation of good companyduct, is set aside and the case is remanded to the Court of learned Additional Sessions Judge with a direction to pass fresh order of companyviction of the appellants in the light of observations made in the judgment and impose sentence on them in accordance with law.
