AJAB NARAIN BARANWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The Present Criminal Appeal under sec. 374(2) Cr.P.C. has been filed by the convicted appellants against the Judgment and Order dtd. 29/5/2007 passed by Sri S.P. Nayak, the then Additional Sessions Judge, Court No.4, District Sultanpur in Sessions Trial No.428 of 1999 (State Vs. Ajab Narain And Ors.) arising out of Case Crime No.177 of 1999, under Ss. 147, 302, 325, 323, 307, 504, 506 I.P.C., Police Station Peeparpur, District Sultanpur whereby convicting and sentencing all the appellants under Sec. 147 I.P.C. to undergo one year R.I. Further convicting and sentencing them under Sec. 302/149 I.P.C. to undergo imprisonment for life and a fine of Rs.10,000.00 each. Further convicting and sentencing them under Sec. 307/149 I.P.C. to undergo five years R.I. and fine of Rs.3,000.00 each. Further convicting and sentencing them under Sec. 325/149 I.P.C. to undergo three years R.I. and a fine of Rs.1,000.00 each. Further convicting and sentencing them under Sec. 323/149 I.P.C. to undergo six months R.I. Further convicting and sentencing them under Sec. 504/149 I.P.C. to undergo six months R.I. and also convicting and sentencing them under Sec. 506/149 I.P.C. to undergo one year R.I. and all the sentences were run concurrently and in default of payment of fine all the appellants have to undergo two years' additional rigorous imprisonment.

(2.) Wrapping the facts of the case in brief that on 16/5/1999 at about 9:00 p.m., the father of the complainant Ramashankar Baranwal (Deceased) was returning after meeting his counsel Shri Kamta Prasad Sharma when he reached in front of the house of accused Shivbahadur Yadav and Ramkaran Yadav, all the eight accused obstructed his way by standing cot and motorcycle in front of him and started beating his father by lathi and danda. When his father raised alarm, complainant Arvind Kumar Baranwal and his brother Sunil Kumar Baranwal, his uncles Ram Anuj and Ram Nayak rushed towards the place of occurrence, then accused started beating them too and after hearing the chaos, witnesses Ram Nayan and Ramesh reached to the place of occurrence and witnessed the incident and rescued them. They saw the incident in the light of pole and the light which was coming from the house of accused. Accused were threatening to life and abusing the injured and deceased. Scriber of F.I.R., Hargovind scribed the F.I.R. on the dictation of complainant at the shop of Ramroop and went to lodge the F.I.R. along with injured by Jeep.

(3.) On the basis of written report Ext. Ka-3, the case was registered by Constable Ramesh Kumar Yadav on 16/5/1999 at about 23:15 p.m. as Case Crime No.177 of 1999,under Ss. 147, 323, 307, 504, 506 I.P.C., Police Station Peeparpur, District Sultanpur. Chik report Ext. Ka-13 was prepared and case was entered in G.D. No.39 at the same time and date on 16/5/1999 at about 23:15 p.m. All the injured were referred for medical examination at P.H.C., Ramganj, Sultanpur. The case was entrusted for investigation to S.I. Shri K.P. Tiwari, who prepared the copy of written report and prepared site plan Ext. Ka-15 on the pointing of the witnesses and recorded the statements of witnesses Arvind Kumar Baranwal and Sunil Kumar Baranwal under Sec. 161 Cr.P.C. and prepared the recovery memo of blood-stained and plain earth recovered from the place of occurrence Ext. Ka-16 and on the basis of amended G.D. No.10 Ext.-9, recorded in the case diary the medical examination of all the injured and the injuries of Ramashankar Baranwal who died while taking to hospital and after preparing recovery memo Ext. Nos.16-21 submitted the charge-sheet in the court concerned. Subsequently, on the basis of above, Investigating Officer has submitted the Charge-sheet No.42 in Case Crime No.177 of 1999, under Ss. 147, 323, 307, 504, 506 I.P.C., Police Station Peeparpur, District Sultanpur.