RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 20.1.1986 passed by Sri R. P. Mathur, the then 1st Addl. Sessions Judge, Meerut in S. T. no. 394 of 1981 whereby appellant no. 2 was convicted for the offence punishable u/s 148/324 IPC and sentenced to undergo rigorous imprisonment for one year and six months with fine of Rs. 250/ - respectively, while appellants no. 1 and 3 were found guilty for the offence punishable u/s 147 and 324/149 IPC. Each had been sentenced to undergo six months' RI and three months' RI with fine of Rs. 250/ - respectively with default stipulation. However, during the pendency of the appeal, appellants no. 1 and 2 have died, so their appeal stood abated.

(2.) FILTERING out unnecessary details, the prosecution version as unfolded during trial is that on 6.1.1980 at 1.35 p.m. complainants Vikram Singh s/o Narain Singh and Ram Pal s/o Ram Kala residents of village Panvadi P. S. Daurala District -Meerut submitted a written report jointly signed by them in P. S. Daurala stating that today at about 11 a.m. when Narendra Kumar s/o Ram Pal was going to cast his vote at the polling station, then Mahavir s/o Bhartu, Bhartu s/o Rudey, Raj Kumar s/o Har Gyan started scuffling with Narendra on the pretext that being minor he cannot cast his vote and they called Satyawan s/o Murli and Som Prakash who were standing nearby. Narendra Kumar protested as to who they are to stop him from exercising his right of franchise, whereupon accused Som Prakash assaulted him with knife and all other accused persons caught hold of him. The complainant, Jaiat Singh. Mahi Chand, Sunder and other also arrived at the spot and rescued him. Injured Narendra thereafter cast his vote and then he was taken to District Hospital, Meerut where he was medically examined and admitted for treatment. Dr. R. D. Gupta examined him at 1.00 p.m. in P. L. Sharma Hospital, Meerut and found following injury on his person:

(3.) IN order to prove its case, the prosecution had examined HM Balbir Singh PW -1, complainant Vikram Singh PW -2, Jaiat Singh PW -3, injured Narendra PW -4, Dr. R. D. Gupta PW -5, and SO N. P. Singh PW -6