PRADEEP KUMAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused-appellants, Pradeep Kumar Pandey, Kartikey Pandey, and Amrendra Kumar Pandey against the judgment and order dtd. 16/9/2022 passed by the Special Judge (SC/ST)/Additional Sessions Judge, Court No.2, Bhadohi in Sessions Trial No. 108 of 2016 (State Vs. Pradeep Kumar Pandey and Others) arising out of Case Crime No. 282 of 2015, under Ss. 272, 120 of I.P.C. read with Ss. 60/63 Of U.P. Excise Act, Police Station-Aurai, District-Bhadohi, whereby all three accused-appellants have been convicted and sentenced to life imprisonment each under Sec. 272 of I.P.C. with a fine of Rs.5,000.00 each and in default thereof, they have to further undergo one year additional imprisonment; and one year rigorous imprisonment each under Sec. 60 of the Excise Act with fine of Rs.500.00 each and in default thereof, they have to further undergo one month additional imprisonment each, with an observation that all the sentences are to run concurrently.

(2.) We have heard Mr. Dhirendra Kumar Srivastava, learned counsel for the accused-appellants and learned A.G.A. for the State and also perused the entire materials available on trial court record.

(3.) The prosecution story is that on 11/7/2015, the Sub-Inspector Suresh Singh (informant) and other police personnels were on patrol duty for searching the miscreants on the way of Maharajganj and when they reached near the tractor workshop of one Bhola Singh, they found that Anand Kumar Singh, Village Pradhan of Village Tewri along with two persons were chasing two young boys, who were aged around 19 to 20 years and were wearing dark coloured pants and shirt, and were running towards the western side of the tractor workshop. Seeing them, all the police personnels including the informant and other villagers tried to chase both the young boys and made all possible efforts to nab them but they took the advantage of rain and escaped.