VIRENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri S.B. Singh, learned counsel for the appellants and Shri Sharad Dixit, learned AGA for the State respondent.

(2.) PRESENT criminal appeal has been filed by the appellant Virendra Singh and Madhur Pal challenging the conviction and sentence dated 16.2.2008 passed by the learned Additional District and Sessions Judge/Fast Track Court No.5, Lucknow in Sessions Trial No.548 of 2004, Crime No.376 of 1993, under Sections 394, 411 IPC, Police Station Cantt, District Lucknow by which they were convicted and sentenced to undergo RI of 10 years and were directed to pay fine of Rs.2000/ - each. In default of payment of fine, they have been directed to undergo 2 months additional RI, under Section 411 IPC they have been directed to undergo 3 years RI.

(3.) AS per factual matrix of the case, FIR was lodged by Anantu, son of Dori lal, in police Station Cantt, Lucknow on 22.9.1993, at about 9:15 AM, orally alleging that he is a resident of Argunganj Achalkheda, Police Station Gosainganj, District Lucknow. He was working as a guard in a factory and lives with family in the premises of factory. Today, at about 5 AM, four miscreants entered into his house and started loot. When his wife Chandrawati objected, they assaulted him and his wife by danda. On alarm, Mohd. Siddiqui, Ram Khelawan, Hanuman, Kallu and other persons gathered there. Then all four miscreants fled toward road along with looted property from his house. They all chased them and with the help of two police constables Abhay Kumar Rai and Shiv Shanker Tiwari, who were on round on the road, apprehended those miscreants. One person told his name to be Virendra Singh Gaur, second person told his name Madhur Pal, third person told his name to be Kamlesh Singh and fourth person told to be his name Lalu. All the four accused apprehended accused persons along with witnesses and police personnels went to police station and oral FIR was lodged. On this, a case under Sections 394, 412 IPC and Section 3 (2) (v) of SC and ST Act was registered. The injured persons were sent for medical examination and after investigation charge sheet under Sections 394, 412 IPC and Section 3 (2) (v) of SC and ST Act was submitted agaisnt all the four accused persons. During trial, case of Kamlesh Singh and Lalu was separated and trial proceeded against Virendra Singh and Madhur Pal. Charges under Section 394, 411 IPC and Section 3 (2) (v) of SC and ST Act was framed. Accused persons pleaded not guilty and claimed to be tried. The prosecution examined PW -1 Anantu, PW -2 Smt. Chandrawati, PW -3 Mohd. Siddiqui, PW -4 S.I. Ram Autar, PW -5 Dr. Anil Kumar and PW -6 S.I. Bedharak Singh. After close of prosecution evidence the statement of accused persons Virendra Singh and Madhur Pal were recorded. They denied their involvement in the crime and claimed to be innocent. No defence witness was examined.