RAIS SHEKH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal has been filed under Section 374 (2) of Criminal Procedure Code (hereinafter referred as "Code") against the judgment and order dated 4.12.2009, passed by Additional Sessions Judge / Fast Track Court No. 7, District Pratapgarh in S.T. No. 125 of 2005 arising out of Crime No. 410 of 2001 (State of U.P. vs. Rais Shekh), under Sections 323, 504, 308, 304 I.P.C. and Section 3 (2) (5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as "S.C./S.T. Act") P.S. Kotwali Nagar, District Pratapgarh whereby the accused-appellant (hereinafter referred as "appellant") has been convicted and sentenced for offence under Section 304 II I.P.C. for 5 years rigorous imprisonment and fine of Rs. 5,000/- in default whereof, he has to undergo for six months additional imprisonment.

(2.) The prosecution case, in brief, is that Vinod Kumar (PW-3), S/o Ram Kumar Saroj, R/o Devkali, District Pratapgarh, filed a written information (Ex.Ka2) at P.S. Kotwali Nagar, District Pratapgarh on 25.06.2001 at about 9:30 p.m., alleging that he, Anand @ Bachha Harijan (hereinafter referred to as deceased), Ashok Kumar (PW-9), Dinesh (PW-6), Harikesh, Ramu and Dileep (PW-5) were taking a cup of tea at the tea stall of Ayub @ Bachai (PW-1), situated nearby Rakesh Auto Service Station, Pitai Ka Purva Purey Nursing Bhan at about 2:30 p.m. Meanwhile, appellant-Rais Shekh, whose electronic shop was situated at Jhoghapur, came by bicycle, to have a cup of tea and started to pass some sledging remarks (majaak) on deceased which took place into a hot talk and abusive words (gaali-galauj) between them. It is further stated that all the persons present at the place of occurrence, tried to intervene but the appellant took a bamboo stick from the hut of tea stall and caused injuries on the head of the deceased. Deceased was immediately carried to Civil Hospital, Pratapgarh wherefrom he was referred to Swarooprani Nehru Hospital, Allahabad. It is further mentioned that the appellant fled away from the place of occurrence by leaving his bicycle on the spot.

(3.) The aforesaid information was entered into Police G.D. Report (Ex.Ka-7) and the First Information Report (Chik Report) (Ex.Ka-6) was lodged as Crime No. 410/2001, under Sections 323, 504, 308 I.P.C. and Section 3 (1) (10) S.C./S.T. Act, by Constable Moharir Ram Bahadur Yadav and the investigation of the case was handed over to Dy.S.P. Sri Neeraj Kumar Pandey (PW-10).