RAGHUBAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal, at the instance of the accused, is directed against the judgment and order dated 6-5-1981 passed by Sri Ram Singh, the then Additional Sessions Judge, Ballia in S.T. No. A-60 of 1977 whereby he convicted the accused Raghubar Singh under Sections 147 and 324 read with Section 149, I.P.C. and sentenced him to undergo Rigorous Imprisonment for a period of six months and one year respectively thereunder. Both the sentences were ordered to run concurrently.

(2.) In brief, the prosecution story was as under : In the night intervening 26/ 27/11/1976 at about 1.45 a.m. three constables were patrolling in Mohalla Loha Patti, Gudari Bazar and Isratganj of Ballia city. Constables Sheo Lakhan and two others reached there and told the aforesaid patrolling party that 5-6 miscreants were running in the lane and were being followed by Head Constable and others. They asked their colleagues to surround them towards east of the Tiraha at Isratganj. Chaukidar Sultan and a witness Chhote Lal accompanied them and all of them reached the lane, which is situated towards east of chauraha of Isratganj. As soon as they entered into the lane and made an attempt to apprehend the miscreants, one of them challenged and fired on the police party with a country made pistol. Constables Vijay Shanker Singh, Ajodhaya Singh and the servant Hari Shanker sustained firearm injuries. The miscreants ran away towards east south of lane and could not be apprehended. However, one Joga Singh, who died during pendency of the case in the trial Court, and another miscreants were seen and recognized in the light of the electric bulbs.

(3.) A F.I.R. was lodged on 27-11-1976 at 2.30 a.m. The case was investigated as usual and charge-sheet was submitted in the Court. During investigation, all injured were medically examined by P.W.6 Dr. S. N. Pandey of the District Hospital, Ballia.