KEDAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Being aggrieved with the judgment and order dated 29.11.2016 passed by Additional Sessions Judge/Special Judge (Essential Commodities Act), Bahraich in Sessions Trial No. 301 of 2004, under Sections 323/34 and 452 I.P.C. arising out of Case Crime No. 263 of 1996, under Sections 323/34, 308/34 and 452 I.P.C., Police Station Dargah Shareef, District Bahraich, whereby learned Trial Judge held guilty to accused appellants Kedar and Vajaee under Sections 323/34 and 452 I.P.C. and sentenced under Section 323/34 I.P.C. for imprisonment of one year with fine of Rs. 1,000/- and under Section 452 I.P.C. for two years rigorous imprisonment with fine of Rs. 5,000/- to each of the accused appellants and in default of payment of fine additional imprisonment of two months and three months respectively, appellants preferred this appeal.

(2.) According to the prosecution in the intervening night of 10/11.10.1996 at about 2 A.M. accused Vijay Kumar along with two-three other accused persons entered in the house of complainant Sitaram and caused injuries to his son Saktu Ram and daughter-in-law Smt. Reena Devi with stick. When injured Saktu Ram and Smt. Reena Devi raised alarm then complainant and his other sons came on the spot to save his son and daughter-in-law and hearing the noise of quarrel few persons of the vicinity also came there who tried to apprehend the accused persons but they managed to escape away from the place of occurrence. Due to non availability of conveyance as the incident took place in wee hours, the complainant went to police station in the morning along with his son and daughter-in-law and submitted an application Exhibit Ka-4 in pursuance of which a formal F.I.R. Exhibit Ka-1 was registered. After registration of the F.I.R. injured Saktu Ram and Smt. Reena Devi were sent to District Hospital Bahraich where the injury of both the injured persons were examined by the Emergency Medical Officer, the injury reports are Exhibits Ka-2 and Ka-3. The Investigating Officer visited the place of occurrence on 13.10.1996 and prepared site plan Exhibit Ka-5 and after completion of investigation submitted charge-sheet against appellants and other accused persons which is Exhibit Ka-6.

(3.) To bring home the guilt of the accused/appellants, prosecution examined witnesses (for brevity P.Ws.) P.W.-1 Constable Pramod Kumar Verma, who recorded and proved the Chik F.I.R. Exhibit Ka-1.