1 Neutral Citation No. - 2025:AHC:161558 Court No. 74 Reserved on 21.8.2025 Delivered on 10.09.2025 HIGH COURT OF JUDICATURE AT ALLAHABAD Chandrapal And 9 Others ...Appellants v/s State of U.P. ...Respondent JUDGMENT HON’BLE SANJAY KUMAR PACHORI, J. 1. The present Criminal Appeal under Section 374 Code of Criminal Procedure, 1973 (hereinafter referred as “Cr.P.C.”) has been filed against the judgment and order dated 11.11.1982 passed by IVth Additional Sessions Judge, Mathura in Session Trial No. 7 of 1982, whereby the trial court convicted the co-accused Dharma under Section 147, 153-A, 323 read with Section 149 of I.P.C. and convicted the appellants under Sections 147, 323 read with Section 149 of I.P.C. Learned Trial Court had given the benefit of Probation of First Offendor Act to appellant no. 1 Chandrapal, appellant no. 2 Bachchoo Singh, appellant no. 8 Jawahar Singh and appellant no. 4 Shibbo and appellant no. 10 Omveer and ordered that they shall be released on probation after furnishing personal bond of Rs. 500/- and two sureties each in the like amount to keep peace and be of good behaviour for a period of one year otherwise they shall attend the court when called upon to serve out the sentence. However, appellant no. 2 Lallo, appellant no. 5 Ganga, appellant no. 6 Bahadur, CRIMINAL APPEAL No. - 2943 of 1982 2 appellant no. 7 Manglia and appellant no. 9 Soran have been sentenced under Section 147 of I.P.C. and directed to pay Rs. 250/- each and in default to undergo six months rigorous imprisonment, and under Sections 323 read with Section 149 of I.P.C. to pay fine of Rs. 100/- each and in default to undergo one month simple imprisonment. Learned Trial Court acquitted the appellants under Section 153-A, 307 of I.P.C. read with Section 149 of I.P.C. 2. Brief facts of the case, as per first informant report (Ext. Ka-3), giving rise to the present appeal are that on marriage of the daughter of the first informant was being held on 13.5.1981 and at about 9:00 pm when Groom’s procession was arriving at Gate of the first informant for Dwar Char. As soon as marriage procession entered inside the village the appellants alongwith some other persons stopped the marriage procession and said “Sale Chamar Ke Is Tarah Se too Barat Hamarey Road se Chadakar Le Ja Raha Hai. In Sale Chamar Baration Ki Himmat Kese Hui Jaton Ke Gaon Mai Barat Chadane Ke”. First informant objected the appellants and accused persons on instance of accused Dharma assaulted the marriage party with brick, bats and slaps. All the appellants were having deadly weapons and due to this mar-peet as well as stone and brick pelting, some persons namely Mooli and Prem Chand sustained injuries and marriage ceremony could not be performed. 2(i) After lodging of the F.I.R., investigation has been started and during the investigation, investigating officer collected the medical reports of two injured persons namely Moolie and Prem Chand who have been examined by Dr. T.N. Goyal in the civil hospital on 14.5.1981 at about 11:30 am and 11:45 am respectively. Injured Moolie sustained following injuries which are delineated as under: (i) Scabbed abrasion 1 c.m. x 0.5 c.m. on the right side bach of the head; 3 (ii) Complaint of pain at the back of the right chest no external mark of injury. 2(ii). Injured Prem Chand sustained injury of contusion 2 c.m. x 0.5 c.m. on the left side of the face 1.5 c.m. below the lower left eye lid brown in colour. 2(iii). All the injuries were described as simple and duration was described in the half days old. As per opinion of the Medical Officer, Moolie sustained injury by friction while injuries of Prem Chand were caused by blunt object. 2(iv). After completing the investigation charge sheet has been submitted against the appellants. 3. After committal of the case, trial court framed the charges against the appellants under Sections 147, 323/149, 153-A, 307/149 of I.P.C. The appellants denied the charges as framed. 4. The prosecution examined as many as 5 witnesses namely; PW-1 Vissaram (first informant), PW-2, Bhajan Lal (eye-witness of the incident), PW-3, Prem Chand (injured), PW-4, S.I. Ram Chandra Awasthi (Investigating Officer) and PW-5 Dr. T.N. Goyal (who examined injured persons), to prove the charges against the appellants. 5. Learned A.G.A. submitted supported the judgment and order of the trial court. 6. Heard Sri Krishna Kant Shukla, learned counsel for the appellant nos. 1, 4, 8 and 10 and Sri Madhvendra Pratap Singh, learned A.G.A. for the State. 7. During the pendency of this appeal, appellant nos. 2, 3, 5, 6, 7 and 9 have been died and hence the present appeal was dismissed as abated for appellant nos. 2, 3, 5, 6, 7 and 9 by a co-ordinate Bench of this Court on different dates. 4 8. After having gone through the entire material on record and keeping in mind the fact, the learned counsel for the appellants has not argued on the point of conviction to the appellants. 9. In view of the facts and circumstances of the case, the judgment and order dated 11.11.1982 is modified from the period of probation of one year to six months and the appellant nos. 1, 4, 8 and 10 namely Chandrapal, Shibbo, Jawahar Singh and Omveer shall appear before the District Probation Officer within two weeks from today for submitting bonds as directed. 10. The District Probation Officer to complete the probation of the appellant within three hearings and fix the date after two months of first hearing. 11. The appeal is accordingly partly allowed. 12. The original record is returned to the court concerned immediately for compliance. (Sanjay Kumar Pachori,J.) September 10, 2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad