RAJU Vs. STATE OF UP

JUDGEMENT

(1.) PRESENT appellants stood trial for the offence punishable under section 307 of the Indian Penal Code (for short "IPC") read with section 34 IPC along with accused Pappy, who was tried for the offence punishable under section 307 IPC. Both the appellants have been convicted under section 307 IPC and sentenced to undergo four year rigorous imprisonment each. Accused Pappy has since died, therefore, the appeal against him stands abated.

(2.) THE criminal law was set in motion on the written complaint (exhibit Ka 1) submitted by Mohan Singh (PW1), brother of injured Mahendra Singh Negi. As per the complainant, he along with his brother Mahendra Singh Negi was going to the market on 24.04.1992 at about 10.00 p.m. and when they reached near M.P. Inter College Tiraha, they found one marriage party from Moradabad going towards Ram Nagar town. Some persons of the marriage party were making noise and creating nuisance on the road. Mahendra Singh Negi advised them not to behave in that manner, thereupon, two persons caught hold of Mahendra Singh Negi and their third companion gave knife injuries in the stomach of Mahendra Singh Negi. On raising alarm, Naval Kishore and Hardev Singh also reached the spot and saved Mahendra Singh Negi along with complainant. Two assailants were apprehended at the spot while third person ran away from the spot. On inquiry, the two persons, who were apprehended at the spot, disclosed their name as Raju, son of Prithvi Singh, resident of Mohalla Diwan ka Bazar, police station Nagphani, Moradabad and Mahendra, son of Shyam Lal, resident of Mohalla Ojhan, police station Kashipur. THE name of the person, who fled from the spot, was disclosed as Pappy, resident of Mohalla Diwan ka Bazar, Moradabad. THE injured was removed to Civil Hospital, Ram Nagar. THE complainant went to the police station to submit complaint (exhibit Ka 1) along with the accused persons, who were apprehended at the spot. On the basis of complaint, chick First Information Report (exhibit Ka 10) was recorded in police station Ram Nagar on 24.04.1992 at 11.10 p.m. G.D. Entry in this respect is exhibit Ka 11. THE injured was medico legally examined by PW3 Dr. Narendra Singh on the same day at about 10.10 p.m. THE medico legal report is exhibit Ka 3. THE investigation was conducted by PW4 SI Lal Singh, who recorded the statements of witnesses and prepared site plan of place of occurrence exhibit Ka 8 on the pointing out of the witnesses. He took into possession the clothes of injured Mahendra Singh Negi worn by him at the time of occurrence vide memo exhibit Ka 2.

(3.) ON completion of the investigation, chargesheet was submitted against the accused persons. ON the basis of material on record, the charge under section 307 was framed against accused Pappy while present accused/ appellants Raju and Mahendra were charged under section 307 read with section 34 of IPC. All the accused pleaded not guilty and claimed trial.