GURU DEV SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred on behalf of the appellant-convict Guru Dev Singh against the judgment and order dated 04.08.2018 passed by the Special Judge(Dacoity Affected Area)/ Third Additional Sessions Judge, Farrukhabad in Special Sessions Trial No. 14 of 1995 (State Vs. Gurubachan Singh and others) arising out of Case Crime No. 212 of 1995 under Sections 394, 325 read with 34 I.P.C., P.S. Kotwali Fatehgarh, District Farrukhabad whereby the learned trial court while acquitting the appellant for the offence under Section 394 of I.P.C, convicted him for the offence under Section 323 and 325 of I.P.C and was given benefit of the probation to maintain peace for a period of further two years and also to maintain a good conduct and not to indulge in any criminal activities and was also directed to furnish a personal bond of Rs. 50,000/- and two sureties of the like amount within a period of one week before the Probation Officer. It was also further directed that if during the probation period the appellant is found involved in any offence or is convicted in some other offence he would have to appear before the court for punishment.

(2.) The brief facts giving rise to this criminal appeal are that the informant Nirmal Singh moved a written information with the police station Kotwali Fatehgarh on 24.04.1995 with these allegations that the son of the informant's aunty (bua) i.e Ravindra Singh was to appear before the court in a case in which dated was fixed for his appearance. The informant along-with Premsagar reached to the court campus to meet Ravindra Singh and after having meeting with Ravindra Singh at 4:30 'O' clock, they left the court campus to reach their village. At 7'O' clock after the culvert in front of the Rakha college Gumbachan Singh, Guru Dev and Durvijay @ Natiya all sons of Lakhan Singh resident of village Rampura alighted from the jeep and cordoned to the informant and all alarmed him to attack because of doing pairvy of Ravindra Singh who is accused in the murder of their brother Brijendra Pandit. All the three accused began to beat him with danda. Gumbachan damaged the H.M.T Vijay wrist watch of the cost of Rs. 450/- of the informant. Durvijay @ Natiya snatched Rs. 500/-from the left pocket of his shirt while Gum Dev snatched Rs. 200/-from the right pocket. On making noise by informant and Premsagar many persons of the locality attracted there, all the three accused persons fled away from the scene. The informant sustained injuries. On this written information case crime no. 212 of 1995 was registered under Section 394 of I.P.C against the accused Gumbachan Singh, Gum Dev and Durvijay @ Natiya with the Police Station Kotwali Fatehgarh. The Investigating Officer after having concluded the investigation filed charge sheet against all the three accused persons under Section 394 of I.P.C.

(3.) The court of Special Judge (Dacoity Affected Area)/ 111 rd Additional Sessions Judge, Farmkhabad took cognizance on the charge-sheet and summoned the accused persons. The charge was framed under Section 394 of I.P.C on 01.05.2007 against all the accused persons. Thereafter on 31.01.2012 charge was framed against all the accused persons under Section 325 read with 34 I.P.C also. The charge framed against the accused persons were read over and explained to them. All the accused persons denied the charge and claimed for trial.