SANTOSH VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Neeraj Sahu, Advocate, who has filed the Vakalatnama on behalf of appellant which is taken on record and Shri Badrul Hasan, learned A.G.A. for the State and perused the record.

(2.) This Criminal Appeal under Sec. 374 (2) Cr.P.C. has been filed on behalf of the appellant namely Santosh Verma S/o Shiv Dayal impeaching the judgment and order 20/12/2010, passed by Additional Session Judge, Court No.6, Sitapur in Session Trial No.995/2006 (State Vs. Ramesh Bhurji and others), arising out of Case Crime No.88/2002, under Sec. (s) 149, 332, 342, 353, 420 and 427 IPC and Sec. 7 Crl. Law Amendment Act, Police Station - Sakran, District - Sitapur convicting the appellant for the offence under Secs. 395, 307/149, 353, 332, 427, 342 I.P.C. and Sec. 7 Criminal Law Amendment Act and sentencing them to undergo Seven Years' R.I. with fine of Rs.5000.00, Ten Years' R.I. with fine of Rs.5000.00, Two Years' R.I., Three Years' R.I., One years' R.I. and Six Months' R.I. with default stipulation.

(3.) The case of prosecution, in nutshell, as set up in the written report is to the effect that on receiving confidential information about illegal purchase and storage of wheat in 'Crushers' situated in Sakran area, the Sub-Divisional Magistrate Laharpur Shri Chandrabhushan Tripathi, Sudhir Kumar Rungta Tehsildar Laharpur, Naib Tehsildar Rajaram Gautam, Supply Inspector Harishchandra Srivastava along with orderly Mohanlal and Homeguard 2174 Narendra Kumar and Homeguard 2202 Vijay Singh with government jeep U.P. 34 C 0252, driven by Nafis Ahmad, for sudden inspection of the centres, departed from Tehsil Laharpur and about 3:30 P.M. they reached for inspection of the Crusher of Mudrika Singh son of Dharmpal Singh, situated at Sakran and as soon as the said government jeep reached at the gate of the aforesaid Crusher the accused/appellant named above along with 150 unknown persons interfered in the process of inspection by the team of the Government Officials namely Chandra BhushanTripathi, Sub Divisional Magistrate, Laharpur (in short "SDM"), Sudhir Kumar Rungta, Tehsildar, Laharpur, Nayab Tehsildar-Rajaram Gautam, Supply Inspector-Harish Chandra Srivastava, Orderly-Mohan Lal, Home Guard 2174 Narendra Kumar and Home Guard 2202 Vijay Singh along with vehicle/Jeep bearing Registration No. UP 34 C 0252, driven by Nafis Ahmad (driver), and also damaged the Jeep, snatched the Guns from the above named Home Guards and also assaulted the aforesaid Officers/Officials.