CRIMINAL APPEAL No. 474 of 2005 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 474 of 2005 Rajesh Pal And Another .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Umesh Chandra Pandey Counsel for Respondent(s) : Govt.Advocate Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Umesh Chandra Pandey, learned counsel for appellant Nos.1 & 2 and learned Additional Government Advocate for opposite party/State.Appeal already stands abated with regard to appellant No.3-Saroj Pal Singh. 2. The instant Criminal Appeal under Section 374(2) Cr.P.C. has been filed on behalf of appellants, against the order dated 08.02.2005 passed by the Special Judge (S.C./S.T. Act), Faizabad in S.T. No.216 of 1999, convicting and sentencing the appellants for seven years rigorous imprisonment alongwith fine of Rs.3,000/- under Section 304/34 I.P.C. and six months imprisonment alongwith fine of Rs.500/- under Section 323/34 I.P.C. 3. As per prosecution version, the incident is said to have taken place on 29.01.1999 in two parts when at 5 P.M. the appellants misbehaved with daughter of informant due to which a minor altercation ensued and subsequently on the same day at about 7 P.M. w