CRIMINAL APPEAL No. 285 of 2005 at Lucknow

Neutral Citation No. - 2026:AHC-LKO:21451 HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 285 of 2005 Sita Ram and 2 Ors. …..Appellant(s) Versus State of U.P. …..Respondent(s) Counsel for Appellant(s) : Pushpendra Kumar Singh, Ashish Kumar Tiwari Counsel for Respondent(s) : Govt.advocate, Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the appellants and learned A.G.A for the State. 2. The present appeal has been preferred against the judgment and order dated 31.01.2005 passed by the court of Additional District & Sessions Judge, Fast Track Court No. 4, Hardoi in S.T. No. 333/04 arising out of Case Crime No. 4/2004 : State Versus Sitaram and others, convicting and sentencing the appellant for six months simple imprisonment under Section 323/34 I.P.C. and under Section 325/34 I.P.C. for a period of three years of imprisonment and fine of Rs. 500/- each with default stipulations. 3. The prosecution case is that on 18.11.2004, at approximately 5:00 PM, the complainant, Suresh’s son, Mukesh, returned from the field carrying a load of fodder on a bicycle and parked it on the edge of the 2 CRLA No. - 285 of 2005 brick road (kharanja). A