IMPORTANT POINT
Jail sentence is mandatory u/s 325 IPC.

JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is filed by the State against the judgment and order dated 10.02.2006 of the High Court of Judicature at Allahabad in Criminal Appeal No.211 of 1982 whereby the High Court partly allowed the appeal filed by the accused persons and while upholding the conviction of the five accused interfered in the sentence and its quantum awarded to the accused persons by order dated 22.01.1982 passed by the IVth Additional Sessions Judge, Azamgarh in Sessions Trial No.132 of 1981.

2. Having regard to the short controversy, which now remains for decision in this appeal as a result of subsequent events occurring in the case after the incident in question which took place way back in the year 1980, it is not necessary to set out the facts in detail except those which are relevant for the disposal of the appeal.

3. Six accused persons, (1) Tribhuwan (2) Sita Ram (3) Ram Suresh (4) Rajendra (5) Ram Vijay and (6) Jogendra were the residents of a village -Seerpatti District Azamgarh (UP). One Ram Lagan (deceased) was also the resident of same village. The houses of accused persons and Ram Lagan were situated in the same cluster and were in the close vicinity of each other. All the accused persons, Ram Lagan and his family members were known to each other.

4. On 14.06.1980 around 8.00p.m., Tribhuwan was passing in front of Ram Lagan's house when pet dog of Ram Lagan sitting in front of his house started barking on Tribhuwan, due to which Tribhuwan got infuriated and started hurling filthy abuses to Shobh Nath-son of Ram Lagan, his family members and Ram Lagan, who were sitting on the door steps of their house.

5. This incident, unfortunately, aggravated and led to filthy verbal exchanges between Ram Lagan, Shobh Nath and Tribhuwan. Tribhuwan then went to his house after threatening Ram Lagan and his son that he would come back soon to teach them a lesson. After sometime, Tribhuwan came back along with five persons, namely, Sita Ram, Ram Suresh, Ram Vijay, Rajendra and Jogendra with weapons (Pistol, Farsa, Lathi, Spear) in their hands. This incident attracted many persons living in the area and who were passing on the road. The altercation and the attack by the accused persons resulted in causing injuries to Ram Lagan and one Baij Nath (PW-2). Both injured persons were taken to nearby hospital for treatment. After sometime, Ram Lagan succumbed to his injuries in the hospital whereas Baij Nath survived.

6. After making necessary investigation, six accused persons, named above, were apprehended and put to trial for commission of the offences punishable under Sections 147, 148, 302, 324/149 and 325/149 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) in Session Trial No.132 of 1981 before the IVth Additional Sessions Judge, Azamgarh.

7. The Sessions Judge, by his order 22.01.1982, acquitted one accused-Jogendra from all the charges whereas convicted remaining five accused and sentenced each of them as under:

8. The five accused, namely, Tribhuwan, Sita Ram, Ram Suresh, Rajendra and Ram Vijay, who suffered conviction and sentence, filed Criminal Appeal No.211/1982 before the High Court.