RAM CHARAN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment and order dated 3.2.2011 passed by the learned Additional Sessions Judge, Court no. 2 Gonda in Sessions Trial No. 172 of 2010 arising out of case crime no. 911 of 1998, Police Station Kotwali Nagar, District Gonda whereby the appellant was convicted for the offence under Sections 323, 504, 506 and 308 I.P.C. For the offence under Section 323 I.P.C., the appellant was sentenced to undergo rigorous imprisonment for a period of six months and similar imprisonment was inflicted for the offence under Section 504 I.P.C. also. For the offnece under Section 506 I.P.C., he was sentenced to undergo rigorous imprisonment for a period of one year and lastly for the offence under Section 308 I.P.C. he was sentenced to undergo rigorous imprisonment for a period of five years and also fine of Rs. 10,000/ - with default stipulation of one month additional imprisonment. Out of the said amount of fine, Rs. 5000/ - were to be paid to the injured as compensation. All the sentences were directed to run concurrently.

(2.) IN brief the case against the appellant was that on 26.8.1998 at 21:05 hours complainant Sampurna Nand Pandey, lodged an F.I.R. at Police Station Kotwali Nagar Gonda alleging therein that his son Sanjay Kumar plies his jeep. The cleaner of the jeep, namely, Manoj Kumar Pandey, asked appellant Ram Charan Pandey to adjust the passengers of his jeep because the number of his jeep was prior to the number of the jeep of Sanjay Kumar. Due to mistake one passenger, who had to go to Balpur also sat on the jeep of the appellant. So the appellant started abusing the cleaner. Sanjay Kumar asked him not to abuse his cleaner but the appellant started beating Sanjay Kumar with lathi and extended threats to his life. This incident is alleged to have taken place near the Civil Court, Gonda and this incident was seen by several persons, who separated the two parties. Thereafter complainant Sampurna Nand Pandey, who happens to be father of injured Sanjay Kumar, got the injured medically examined at District Hospital, Gonda at 7:25 p.m. Thereafter its F.I.R. was lodged at 21:05 hours. The F.I.R. was scribed by Darshananand Pandey.

(3.) BOTH the injuries were fresh. In the opinion of doctor, the injury no. 2 was simple in nature. Injury no. 1 was kept under observation and x -ray was advised. In the x -ray report, recent fracture of parietal bone of right side was seen.