SATISH KARANWAL Vs. STATE

JUDGEMENT

(1.) ALL these three appeals are directed against the judgment and order dated 08.11.2000, passed by Special Judge (Anti Corruption) U.P. Dehradun, in Sessions Trial No. 27 of 1992, whereby said court has convicted accused/appellants Satish Karnwal, Harish Chhabra, Devender Kumar @ Pinku, Vijay Singh, Om Prakash and Rajneesh Mittal under section 395 IPC. Each one of them has been sentenced to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 25,000/.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) THE trial court, after hearing the parties on 14.10.1996, framed charge of offences punishable under section 147, 332/149 and 395 IPC, against all the seven accused namely Satish Karanwal, Harish Chhabra, Devender Kumar @ Pinku, Vijay Singh, Sandeep Maini, Omprakash and Rajneesh Mittal to which they pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Dr. Dushyant Tyagi (who medically examined injuries on person of Income Tax Officers), P.W.2 Constable Manveer Singh, P.W.3 Vinod Khurana, the then Dy. Director Investigation, Income Tax Department, P.W.4 Vinod Johri, the then Income Tax Inspector (injured eye witness), P.W.5 Ajay Kumar Sonkar, Income Tax Inspector (another injured eye witness), P.W.6 Vijay Bahadur Singh the then City Magistrate (who conducted Test Identification Parade in respect of accused Rajneesh Mittal and Om Prakash), P.W.7 Rajeev Rautela the then Sub Divisional Magistrate (who conducted Test Identification Parade in respect of accused Devender Kumar @ Pinku), P.W.8 Sultan Singh Chauhan, the then Sub Divisional Magistrate (who conducted Test Identification Parade in respect of accused Harish Chhabra, Vijay Singh and one Surendra Singh), P.W.10 Constable Suresh Pal (eye witness), P.W. 11 Om Prakash (male nurse of private hospital where injured Ajay Kumar Sonkar remained admitted), P.W.12 Dwarkesh Puri (record keeper of Medical College, Meerut), P.W.13 Baig Raj Singh (who made entry in the General Diary at Police Station Mansoorpur, District Muzafffarnagar, after FIR was sent from Medical College Meerut to Mansoorpur), P.W.14 Inspector Yogendra Singh Investigating Officer (who completed investigation) and P.W.15 Inspector Sohrat Singh of CBI (who started investigation after the case was transferred to said agency for investigation).