ASHWANI SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Bed Prakash Rai, learned counsel for the appellants and learned A.G.A. for the State.

(2.) This appeal challenges the judgment and order dtd. 28/8/2017 passed by Additional Sessions Judge, Court No.11, Meerut, in Sessions Trial No. 979 of 2014 (State vs. Monu and Another) convicting accused-appellants under Sec. 302 read with Sec. 34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced the accused-appellants to undergo imprisonment for life with fine of Rs.10,000.00 and in case of default of payment of fine, further to undergo imprisonment for a period of one year and under Sec. 504 IPC to undergo imprisonment for one year each.

(3.) In brief, facts of the case are that informant Jitendra Kumar on 14/4/2014 at 23:46 moved Tehrir, Ex. Ka-1, alleging therein that his brother Indresh Kumar, deceased, lived at Ganga Nagar along with his family. On 14/4/2014 in the morning his niece Shiwangi was teased by three boys namely Nishu, Rahul and Monu @ Mayank sons of Ashwani Sharma. The mother of the boys was apprised about the aforesaid incident. At about 8:00-8:30 P.M. when his brother alongwith his wife was coming from his Parichitgarh clinic and when they reached in front of Jagdamba Health Club in O block Ganga Nagar Meerut, the aforesaid three boys along with their father surrounded his brother and started beating him. On hue and cry, Neetu Sharma @ Jitendra son of Ramesh Chandra Sharma also reached there, he and his brother's wife told that Monu @ Mayank and Rahul had caught hold of Indresh and Nishu Sharma and their father Ashwani Sharma with intention to kill, gave multiple blows from baseball.