ASHISH BATRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The above three criminal appeals under Section 374(2) Cr.P.C. have been preferred by appellants against judgment and order dated 24/25.11.2003 passed by Additional Sessions Judge/F.T.C. -V, Lucknow in S.T. No.356/01 arising out of case crime no.231/99, P.S.Ghazipur, District Lucknow, convicting the appellants under Section 307/34 I.P.C. and sentencing them for a period of seven years' rigorous imprisonment with a fine of Rs.1000/ - each and in default of payment of fine the appellants to undergo further rigorous imprisonment for one month.

(2.) Briefly stated, the prosecution case is that on 22.3.1999, informant Tej Bahadur Rai gave a written report at Police Station Ghazipur(Ex. 'Ka' -1), wherein it was stated that his son, Akhilesh Rai, who was studying in Central School, H.A.L., in Class XII, had some 'Maarpeet' with Mohneesh Hasan @ Moon @ Lav Singh about 2 -3 months back, while playing cricket, as such, he bore enmity. Mohneesh Hasan @ Moon @ Lav Singh had formed a group of boys of his own Mohalla and Lucknow University and used to threat Akhilesh Rai, with dire consequence, while going to and coming back from School. Mohneesh Hasan @ Moon @ Lav Singh also got him threatened by Rajendra Pratap Singh, who was a criminal, over telephone. It is further stated in the F.I.R. that informant had engaged private guard for his own safety and for the safety of his family.

(3.) On 22.3.1999, at 10:00 p.m. in night informant and his son, after having dinner, were walking in front of their house; from inside the park Mohneesh Hasan @ Moon @ Lav Singh, Vivek Singh Sengar, Ashish Batra @ Kalee and Rajendra Pratap Singh @ Rajan jumped the railing of the park; Mohneesh Hasan @ Moon @ Lav Singh exhorted; Vivek and Rajan caught hold of Akhilesh Rai and Ashish Batra, with intention to kill Akhilesh Rai, fired from pistol, from a close rage, on the left side of his chest. On alarm being raised by Akhilesh and the complainant, informant's wife, his daughter and his younger son came out of the house; neighbours were also attracted. The accused persons left informant's son and ran towards the park. The incident was witnessed in the night and the assailants were identified.