JANARADAN YADAV Vs. STATE OF U.P

JUDGEMENT

(1.) Criminal Appeal No. 3143 of 2008 is directed against the judgment and order dtd. 30/4/2008/1/5/2008, whereby the accused appellants Janardan Yadav, Onkar Yadav, Jai Prakash Yadav, Rakesh Kumar Yadav and Amarjeet have been convicted in Sessions Trial No. 15 of 2007, under Sec. 147, 323/149 and 308/149 I.P.C. and sentenced to one year rigorous imprisonment under Sec. 147 IPC; six months rigorous imprisonment under Sec. 323/149 IPC and three years rigorous imprisonment under Sec. 308/149 IPC alongwith Rs.1,000.00 fine, failing which the accused appellants are to undergo further imprisonment of three months. All sentences are to run concurrently.

(2.) The prosecution version of the incident proceeds on the written report of informant Prem Singh (Ex.Ka.-1), who is a Constable posted in Reserve Police Lines at Sant Kabir Nagar. He was assigned duty with Samajwadi Party leader Ram Briksha Yadav of Village Gaighat. As per him, 25/8/2005 was the polling day for panchayat elections and Ram Briksha Yadav had gone to his polling centre at Gaighat, when Hanuman Yadav came and met Ram Briksha Yadav. Ram Briksha Yadav then left for Bahra Dandi in his Tavera vehicle alongwith informant. On their way they reached Jai Narain Inter College, Maur, where they noticed that some people were engaged in hot talks/altercations at the gate of the Centre. The informant side tried to pacify but accused Mahatam, Janardan, Onkar, Jai Prakash, Sarvesh, Rakesh and Amarjeet etc. armed with baton and sticks attacked the informant side. Ram Briksha Yadav then snatched informant's carbine and shot dead Mahatam Yadav and thereafter left for the treatment of injured at PHC Haisar Bazar. The injured were getting treated. On the basis of the aforesaid report FIR (Ex.Ka.-2) came to be lodged against the accused on 25/8/2005 at 21.05 hours. In this case investigation proceeded and on the basis of evidence collected a chargesheet was submitted by the police against accused Janardan Yadav, Onkar Yadav, Jai Prakash, Sarvesh, Rakesh and Amarjeet under Ss. 147, 323, 308, 504 and 506 IPC. The magistrate took cognizance and committed the case to the court of Sessions, which framed charges against the accused appellants on 16/3/2007. The accused denied the charges and demanded trial.

(3.) The prosecution in order to prove its case has produced documentary evidence in the form of written report as Ex.Ka-1; FIR as Ex.Ka-2; injury report of Ram Briksha Yadav as Ex.Ka-4; injury report of Subhash Chandra Yadav as Ex.Ka-5; injury report of Prem Singh as Ex.Ka-6; injury report of Manoj Kumar as Ex.Ka-7; discharge summary as Ex.Ka-9; chargesheet as Ex.Ka-11 and site plan with index as Ex.Ka-12.