AABHA RAI Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid appeals are directed against the judgment and orders dated 22.12.2014 passed by Shri Satyhanand Upadhyay, Additional Sessions Judge, Court No.19, Allahabad in Sessions Trial No.564 of 2012, State Vs. Praneshwar Nath Rai and others, whereby appellants have been convicted under Sections 307/34, 353/34, 332/34, 323/34, IPC and Section 7 of the Criminal Law Amendment Act and sentenced to undergo rigorous imprisonment of four years and to pay fine of Rs.4,000/- each, one year's rigorous imprisonment, one year's rigorous imprisonment, six months' rigorous imprisonment and six months' rigorous imprisonment respectively. In default of payment of fine they were directed to further undergo two months' rigorous imprisonment.

(2.) Heard Shri Dharmendra Singhal, learned counsel for the appellants and Shri Abdul Mazid, learned AGA for the State-Respondent and perused the record.

(3.) On behalf of the appellants it has been submitted that prosecution story is unnatural and improbable. There are contradictions in the statements of eye witnesses on the point of opening of gate and calling the accused P.N. Rai. He has further submitted that injuries sustained by the accused-appellants have not been explained by the prosecution. Common intention of all the accused persons could not be proved by the prosecution. He has further submitted that supporting documents like copies of reports of General Diary have not been filed by the prosecution and prosecution has not come with clean hands. All these points were argued before the learned trial Judge, who did not address these points and without properly appreciating the evidence of the parties, has erroneously recorded finding of guilt against the present appellants. The impugned judgment is bad in fact and law and deserves to be set aside. In support of these arguments reliance has been placed on the following cases:-