RAJESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) UNDER Challenge in the instant appeal is the judgment and order dated 22.10.2005 passed by Additional Sessions Judge/Fast Track Court No. 5, Lucknow in S.T. No. 458 of 2001 arising out of case crime no. 208 of 1997, P.S. - Hasanganj, District - Lucknow whereby the appellants were convicted for the offences under Section 147 IPC and were sentenced to undergo rigorous imprisonment for a period of one year. They were further convicted for the offence under Section 323/149 IPC and were sentenced to undergo rigorous imprisonment for one year and they were also convicted for the offence under Section 308/149 IPC and were sentenced to undergo rigorous imprisonment for a period of four years. All the sentences were directed to run concurrently.

(2.) BRIEF facts, necessary for the instant appeal are that the injured Virendra Kumar Saurabh was contesting election of General Secretary in the elections of Lucknow University. On 24.04.1997 at about 07.00 pm he was going on an Ambassador Car along with his supporters for canvassing. When these persons reached near Sangam Chauraha then they saw a Maruti car has hit one scooter and several persons have assembled there. The complainant Ajay Dwivedi and Virendra Kumar diffused the crowd, assembled there and subsided the matter and requested the appellant Lokesh Singh, who was driving Maruti Car to help them in the election campaign. Appellant Lokesh Kumar said that he will first inform his family members and thereafter he shall accompany them. He was also a student of Lucknow University. After making a phone call from a nearby P.C.O., the complainant side along with the appellant and his car reached near a petrol pump. By that time, the other two appellants along with several other persons on two cars reached there. Seeing them appellant Lokesh Kumar raised alarm and all the accused persons started beating Virendra Kumar Saurabh. The other persons who were accompanying Virendra Kumar Saurabh, ran away from there and lodged the FIR at Police station. On the basis of the information, case was registered on the same day at 08.30 pm. Initially, this case was registered under Section 147/323 IPC but after the medical examination of the injured Virendra Kumar Saurabh, the case was converted to Section 308 IPC. After investigation, charge sheet was filed.

(3.) THE prosecution, in order to prove its case, has examined P.W.1 - Ajay Kumar (the complainant), P.W. -2 Virendra Kumar (the injured), P.W.3 - Dr. T.C. Goel, P.W. -4 Constable Awadh Kishore, P.W. -5 S.I. Rakesh Kumar Kaushal, P.W. -6 Gyanendra Shukla. No evidence in defence was adduced on behalf of the accused persons.