SUNIL PRAJAPATI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Dubey, learned counsel for the appellant, learned A.G.A. for the State and perused the records.

(2.) Challenge in this Jail Appeal is the judgment and order dated 13.02.2018 passed by Additional Sessions Judge/Special Judge, S.C./S.T. Act, Gautam Budh Nagar in S.T. No. 750 of 2014 (State v. Sunil Prajapati) arising out of Case Crime No. 992 of 2014, under Section 326Ka, 324, 323, 353, 332 & 308 of I.P.C., P.S. Sector 39 Noida, District Gautam Budh Nagar whereby the Learned Additional Sessions Judge/Special Judge, S.C./S.T. Act has convicted and sentenced the appellant under Section 308 I.P.C. four years rigorous imprisonment and Rs. 2000/- fine in default of payment three months additional simple imprisonment; under Section 324 I.P.C. two years of rigorous imprisonment and Rs. 1000/- fine and in default of fine one month simple imprisonment; under Section 326A I.P.C. 10 years rigorous imprisonment and Rs. 10,000/- fine and in default six months additional simple imprisonment; under Section 332 I.P.C. two years rigorous imprisonment and fine of Rs. 2000/- and in default of payment of fine of Rs. 2000/- one month simple imprisonment; under Section 353 I.P.C. one year rigorous imprisonment and Rs. 1000 fine and in default of payment of fine of Rs. 1000/- one month additional simple imprisonment. All the sentences have been ordered to run concurrently.

(3.) Shorn of unnecessary details, the prosecution case is that the complainant Anil Kumar Sharma lodged an F.I.R. on 20.09.2014 at 16:30 hours against appellant Sunil Prajapati at P.S. Sector 39 Noida, District Gautam Budh Nagar, stating therein that on 20.09.2014 at 11:00 hours, appellant Sunil Prajapati came to the office of the complainant having one plastic jug filled with inflammable substance and poured the same on the injured Jitendra Shandilya and took him out of the office and assaulted on his head several times by brick and iron rod. In the incident, injured Jitendra Shandilya sustained grievous injuries on his head. After beating the Anil Kumar, J.E. and Mithun Operator, appellant fled from there. The appellant has obstructed the government work. Jitendra Shandilya was taken to the Kailash hospital, Sec-27 where he could not be treated properly and then he was brought to Fortis hospital, Sec-62 and was admitted in I.C.U. ward. He received 22 stitches in his head and both eyes were injured and burnt also.