SANJAY SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellants namely Sanjay Shukla, Raju @ Rajeev both sons of Lallan Shukla @ Udai Narain Shukla, Hari Shukla son of Radhey Shyam Shukla and Bindeshwari Prasad Shukla son of Baddri Prasad Shukla against the judgment and order dated 29.09.2005 passed by learned Additional Sessions Judge/Special Judge(S.C./S.T.)(P.A.) Act, Sultanpur in Special Trial No. 133 of 1996 'State versus Sanjay and others', convicting and sentencing the appellants under Section 3(I)(X) S.C./S.T. Act for a period of one year's R.I. and to pay a fine of rupees one thousand each and in default of payment of fine three years further R.I., under Section 324/34 I.P.C. for a period of three months' R.I. and under Section 506 I.P.C. for a period of one year's R.I. All the sentences shall run concurrently.

(2.) BRIEF facts of the case are that on 11.05.1995 at about 12.00 noon complainant Vijay Kumar and his sister had gone near the machine of his village to wash the clothes and while they were washing their clothes, Pintu Shukla of his own village arrived and started abusing complainant's sister. Complainant objected, Pintu Shukla went back to his home shouting. Immediately thereafter, Sanjay Shukla, Raju Shukla, Hari Shukla and Bindeswari Prasad Shukla came at the spot and started beating complainant. On alarm being raised by complainant, his father came at the place of incident, he was also assaulted by 'sariya', chain of bicycle and danda. On hue and cry of complainant, Khedu Ram and Deen Harijan and others were attracted who pacified the matter. Accused persons went away threatening with dire consequences.

(3.) THE first information report of the incident was lodged on the same day at about 2.45 p.m. Distance of the police station from the place of occurrence is three kilometers. The investigation was carried out and the charge -sheet was submitted.