RAJNEESH TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellants Rajneesh Tewari and Munish, both sons of Ramanand and Rakesh son of Shiv Lal against the judgment and order dated 07.02.2002 passed by Addl. Sessions Judge/F.T.C.IV, Sultanpur in Sessions Trial No.159/1991 convicting and sentencing each of the appellant under Sections 323 I.P.C. to simple imprisonment for six months and fine of Rs.500/ - each. In default of payment of fine each of the appellant to undergo one month's additional imprisonment.

(2.) BRIEFLY stated, the prosecution case is that on 20.8.1989 at about 6:00 P.M., complainant Raghavendra Mani Tripathi along with Chandra Pratap Tripathi was returning back to his home from Gaursinghpur market. When they reached near their field in the Harijan Aabadi of Dhampur, accused persons Rajneesh, Satish, Munish, Ramanand, Shiv Lal, Rakesh and Rajesh who were having old enmity came out from the sugarcane field and on instigation of Shiv Lal, the accused persons assaulted Raghavendra Mani Tripathi with 'Lathi'. Complainant Raghavendra Mani Tripathi received serious injuries on head. Further in order to kill the complainant and on the instigation of Shiv Lal, the accused Rajneesh, Munish and Rakesh took the complainant to throw him in well of one Ram Sahay. On the hue and cry of complainant and Chandra Pratap Tripathi, Lalta Prasad, Shiv Kumar, Hausla and other villagers reached at the spot and saved the complainant. The accused persons then fled away leaving the complainant. On the same day at 9:30 P.M., a written report Ext. 'Ka' -1 under sections 147,307,323 I.P.C. was lodged at Police Station Dostpur and on the basis of the written report F.I.R. (Ext. 'Ka' -9) was prepared; entry of the same was made in G.D. at report no.28 as (Ext. 'Ka' -10). On the same day, the injured complainant was examined and medical report(Ext. 'Ka' -11) was prepared. The injured was medically examined for the second time on 26.8.1989. The injury report (Ext. 'Ka' -7) was prepared.

(3.) THE case was investigated and charge sheet was filed under Sections 147, 307,323 I.P.C.