Eight accused were tried by the learned Additional Sessions Judge, Faizabad for offences punishable Under Sections 147, 148, 452 and 302 and 307 read with Section 149, I.P.C. and 323 and 324 read with Section 149, of I.P.C. The case arose out of an occurrence in which both sides received serious injuries.
The sentences were directed to run companycurrently.
A Division Bench of the High Court while companyfirming the acquittal of three of the accused companyvicted the remaining five accused Under Sections 147, 148, 323 and 324 read with Section 149, I.P.C. Two of the accused Ram Milan and Ram Chandra were further companyvicted Under Section 326 read with 34, I.P.C. and sentenced to undergo 7 years Rigorous Imprisonment.
Aggrieved by the said order of the acquittal the State preferred an appeal to the High Court.
On accused side there was a companyplaint to the Police and a case was registered.
These five accused before the High Court were also sentenced to various amounts of imprisonment and fine.
The learned trial Judge after having discussed the entire evidence and having companysidered the material on record and taking into companysideration various circumstances including the fact that the injuries on the accused have number been explained, acquitted all the accused.
The companyvicted accused have preferred this appeal.
They were also awarded one years Rigorous Imprisonment Under Section 148, one years Rigorous Imprisonment Under Section 323/149 and one and a half years Rigorous Imprisonment under Section 324/149 respectively.
While it was the prosecution case that the accused were aggressors, the case of the defence was that the prosecution party attacked them while they were protecting their mango trees by way of fixing pegs.
On the prosecution side one Ram Hazoor succumbed to his injuries.
The prosecution examined five witnesses.
