NARESH KUMAR Vs. STATE

JUDGEMENT

(1.) THESE is an appeal against the judgment dated 5 th May, 1999 and the Order on Sentence dated 6th May, 1999, whereby the appellant Naresh was convicted under Sections 186/332/353 IPC read with Section 34 thereof as well as under Section 333 of IPC. The appellant was sentenced to undergo RI for four years and a fine of Rs. 2,000/- or to undergo si for two months, in default under Section 333 IPC. He was sentenced to undergo RI for two years and to pay a fine of Rs. 1,000/- or to undergo SI for one month, in default under Section 332 IPC. He was further sentenced to undergo RI for one year and to pay a fine of Rs. 500/- or to undergo SI for 15 days, in default under Section 353 IPC. He was also sentenced to pay a fine of rs. 500/- or to undergo SI for 15 days, in default under Section 186 IPC.

(2.) THE case of the prosecution as set out in the FIR lodged by SI Jeewan Kumar is that on 17th June, 1992 when the complainant accompanied by Constable digvijay Nath, Constable Ramesh Chand and Constable Nawab Singh, reached the house of Raj Kumar in village Himayun Pur, the appellant Naresh met them. On enquiry, the appellant told him that Raj Kumar was not at home. In the meantime, Raj Kumar was seen by the police officials inside the house. When the complainant called him, Raj Kumar started abusing the police officials and instigated others to beat them. Thereupon, Raj Kumar, Naresh, Anil and Azad attacked the police party and threw bricks and stones on them. Naresh brought a danda from inside the house and started attacking the police party with that danda. Other police officials reached there and arrested Anil, Naresh and Azad whereas Raj Kumar managed to escape.

(3.) THE complainant, SI Jeewan Kumar, came in the witness box as PW-3 and stated that when they reached house No. 2 in village Himayun Pur and made enquiry about Raju, he was told that Raju was not present in the house. He, however, saw him in the house and loudly called him. Thereupon, Raju came out abusing them and asked Anil, Azad and his mother to beat them. Naresh brought a danda from inside the house, whereas all other persons were having stones in their hands which they started pelting on them. In the meantime, the police officials reached there and apprehended all the accused except Raju. According to him, injuries were sustained by him, Constable Nawab Singh, Constable Ramesh Chand as well as Constable Digvijay Nath.