RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal challenges the judgment and order dated 18.03.2009 passed by Sri Mahesh Nautiyal, Additional Sessions Judge /FTC, Court No.21, Bulandshahr, whereby the appellant has been found guilty for the offence punishable under sections 307/149, 148 and 120-B IPC and had been sentenced to undergo 10 years' R.I. with fine of Rs. 10,000/-, three years R.I. and 6 months R.I. respectively with default stipulation. All the sentences were directed to run concurrently .

(2.) Facts stated in brief are that on 18.10.1997 at about 8.20 P.M. Kanval Jeet Singh s/o Sardar Santosh Singh, r/o Burj Usman, P. S. Khurja Nagar, District Bulandshahr submitted a written report in P. S. Kotwali, Khurja Nagar stating that at about 8.00 P.M. on that day while his brother Harjeet Singh @ Titu, Senior Vice President, Nagar Palika Parishad, Khurja was returning home he was surrounded by four persons near Ahirpada on Subhash road. One of them was having knife and three others were armed with country made pistols and in order to kill him they assaulted and seriously injured his brother Titu. The people had taken him to the hospital. The report further stated that this incident was witnessed by Mahesh Chandra Gupta s/o Mohan Lal, Rajvir Singh s/o Girdhari Lal and several others in electric light and they can recognize the assailants. Injured Harjeet Singh @ Titu was medically examined by Dr. Ashok Kumar Jain in Malkhan Singh District Hospital, Aligarh on the same night at 9.45 P.M. and he found the following injuries on his person:

(3.) During committal proceedings, accused Anwar and Smt. Madhu Sharma had died, so the proceedings stood abated against them. Charges for the offence punishable under sections 147, 148, 120-B and 307 read with section 149 IPC were framed against accused Jogendra, Raj Kumar and Arvind. However, case of accused Arvind was separated by the trial court. The accused abjured their guilt and claimed trial.