VIRENDRA KUMAR, J.

1. Heard Sri Pradeep Kumar Tripathi, learned counsel for appellants as well as Sri Umesh Chandra, learned A.G.A. for the State.

2. These appeals have been preferred assailing impugned judgment and order dated 15.05.2006 delivered by the Court of Additional Sessions Judge, Court No.1, Lakhimpur Kheri in Sessions Trial No. 243 of 2004: State Vs.Tasauvar and others arising out of Crime No. 497 of 2003 under Section 147, 148, 302 and 506 I.P.C., Police Station Fardahan, District Lakhimpur Kheri.

3. Learned trial Court has convicted all the appellants for offence punishable under Section 148 I.P.C. and sentenced to undergo imprisonment for period of three years and for offence punishable under Section 302 I.P.C. to undergo imprisonment for life and fine of amount of Rs.10,000/- has been imposed with default stipulation to serve out additional imprisonment for two years. All the appellants have been convicted for offence punishable under Section 506 I.P.C. and sentenced to undergo imprisonment for one year. It is also directed that all the sentences, except the sentence awarded in default of payment of fine, shall run concurrently.

4. Since all the appeals are preferred challenging common judgment and order dated 15.05.2006, therefore, these appeals are taken up, heard and are being decided together.

5. As per prosecution version, the complainant Umesh Kumar Tiwari submitted written report at Police Station Fardahan of District Lakhimpur Kheri. On the basis of this written report, F.I.R. was lodged on 17.12.2003 at 19.00 hours regarding incident dated 17.12.2003 occurred at 4.30 p.m.. Crime number 497 of 2003 for offence under Section 147, 148, 149, 506 and 302 I.P.C. was registered against the appellants.

6. The complainant has narrated in his written report that he is resident of Village Rausa within limits of police station Fardahan. On 17.12.2003 at about 4.00 p.m, he and his mother Smt. Sharda Devi (the deceased) aged 40 years were going by Motor Cycle to see their agricultural field situated in village Umeria. They reached on the Southern side of the village near Paleshar owned by Iksar. Parvez, son of appellant Tasauvar all of sudden came in front of Motor Cycle of the complainant. He tried his best to save him. He had dashed with the Motorcycle and fell down. He and his mother also fell down along with Motorcycle. He picked up his Motor Cycle and parked it. He was picking up/lifting up Parvez, in the mean while, the appellants Tasauvar, Mubarak, Rayees, Shah Alam and co-accused Jalali son of Rayees came brandishing their bankas.

7. It is mentioned by the complainant in his written report that his mother asked him to run away from this place, he escaped by riding on his Motorcycle and returned back at his house. All the accused persons including appellants caught hold his mother and brought her towards their house. In the mean while, his mother somehow got freed from the clutches of the appellants. She entered in the room, which was situated behind shop of Hamid and raised alarm. He bolted door of the room from inside. The appellants and co-accused Jalali tried to break open door of the room. Hamid raised objection and asked them not to break his door. The appellants and co-accused Jalali threatened him by stating that if he will intervene, they will eliminate him. All the accused persons broke open door of the room and dragged his mother and took in front of house of appellant Shah Alam. The complainant and other villagers on hearing screamers of his mother, reached at the place of occurrence.

8. It is also mentioned in his report that the appellants and co-accused were assaulting his mother with their bankas. His mother after some time could not speak. The appellants fled away brandishing their blood stained bankas and threatened the people gathered at the place of occurrence that if anybody will