SANJAY AND ANR. Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal, preferred by the appellants Under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC), is directed against the judgment and order dated 11/15.4.1996 passed by the Additional Sessions Judge/Special Judge (E.C. Act), Dehradun in Sessions Trial No. 175 of 1991, State v. Khajan Singh and Ors., whereby learned Additional Sessions Judge has convicted the appellants/accused Sanjay and Bittu under Section 307 of Indian Penal Code, 1860 (for short, IPC) and sentenced each of them to undergo R.I. for five years. However, co -accused Khanjan Singh was acquitted of the charge levelled against him.

(2.) IN brief, the prosecution case is that PW1 Janardan Prasad Tiwari lodged an FIR on 28.7.1991 at 10.15 pm in PS Raipur, District Dehradun with the averments that on that day i.e. on 28.7.1991 his brother -in -law Bachhi Ram Bhatt (PW3) and his nephew Tika Ram (PW4), son of Bachhi Ram Bhatt had come to his house and they were talking to each other. Meanwhile, when her daughter Km. Vineeta (PW2) had gone outside for urinating, appellants/accused Sanjay and Bittu, son of co -accused Khajan Singh (acquitted by the trial court), pelted stones on her, which hit her head and she cried. On hearing her cries, when they came outside her daughter told him that sons of Khajan Singh pelted stones on her. When they were asked about it from the appellants/accused, they fled from there and returned back armed with khukhri along with their father Khajan Singh. Co -accused Khajan Singh (acquitted by the trial court) asked his sons to finish the day -to -day wrangle. Upon this, appellants/accused Sanjay and Bittu attacked his brother -in -law, nephew and his younger brother Chhota Ram, who had reached there later on hearing the noise, with khukhris with intention to kill them, in which they received serious injuries in their head and other parts of the body. His brother -in -law, younger brother and daughter were taken directly to the hospital, whereas he along with his nephew Tika Ram Bhatt had gone to lodge the report in the police station.

(3.) LEARNED Special Magistrate, CBI (1st), Dehradun after giving the necessary copies of the documents to the appellants/accused and the co -accused, as prescribed under Section 207 Cr.P.C., committed the case to the Court of Sessions on 19.11.1991. Learned Sessions Judge transferred the case to Additional Sessions Judge for its disposal according to law.