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Heard Sri B.K. Singh, learned counsel for the appellants and Sri Afaq Zaki Khan, learned A.G.A. for the State and gone through the record.

2. The challenge in this appeal is to the judgment and order dated 15.11.2000 passed by Special Judge (S.C. & S.T.) Act Barabanki in Sessions Trial No.72 of 1996 arising out of Case Crime No.1066 of 1993 under Section 323 r/w Section 34, 452, 504 I.P.C. and under Section 3 (i)(xi) S.C. & S.T. Act Police Station Kotwali, District Barabanki convicting the appellants namely, Ram Lakhan and his mother Smt. Shakuntala under Section 323 r/w 34 I.P.C. with 1 year R.I., under Section 452 I.P.C. 3 years R.I. and fine of Rs.500/- and under Section 504 I.P.C. 1 year R.I. and under Section 3 (i)(xi) S.C. & S.T. Act 4 years R.I. and fine of Rs.1,000/-.

6. The appellants are appealing against the conviction and sentence alleging that the facts and the law were not appreciated in correct perspective by the Trial Court. It is argued by learned counsel for the appellants that no case was made out against accused under Section 452 and 504 I.P.C. and Section 3 (i) (xi) of the S.C. & S.T. Act since the ingredients of these charges were not satisfied. As regards of the offence under Section 323 r/w 34 I.P.C. learned counsel did not contest the said charge on merits. It is submitted that the matter was very old and the accused were willing to pay compensation to the victim. It is requested that linieant view may be taken in favour of accused. Learned A.G.A. supported the judgment.

10. Now coming to the next question as to conviction of the appellants under Section 452, it is also not proved in view of the fact that the informant as well as the accused were residing as tenants in the same building with a common courtyard. For an offence under Section 452 the offence of house trespass is committed when it is done having made preparation for causing hurt to any person or assaulting any person. In the instant case, the scuffle ensued between the accused Shakuntala and the victim in the courtyard of the house suddenly. It is not the prosecution case that any preparation was made by the accused for committing house trespass for assaulting the victim. The charge under Section 452 is thus not proved for want of evidence. The ingredients of Section 504 and 452 are not found satisfied.

19. Having over all consideration of facts and situations and also the time lag in between, I am of the view that the sentence of imprisonment of the appellants for the offence under Section 323 r/w 34 I.P.C. be reduced to a period already undergone to meet the ends of justice. In addition accused will pay Rs.4,000/- each under Section 323 read with 34 I.P.C. to the victim. The appellants are directed to deposit a sum of Rs.4,000/- (Rupees Four Thousand Only) each in the Court of Special Judge (S.C. & S.T.) Act, Barabanki within 30 days from today. On receipt of the deposit the Special Judge (S.C. & S.T.) Act, Barabanki shall release Rs.8,000/- (Rupees Eight Thousand Only) to Smt. Sona Devi. In case of non deposit by the appellants convict, they shall be required to undergo 6 months imprisonment. The appellants are acquitted of the charges under Section 452, 504 I.P.C. and Section 3 (i) (xi) S.C. & S.T. Act.