RAJESH & ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellants Rajesh and Chhedi against the judgment and order dated 14.01.2004 passed by the learned Additional Sessions Judge, Court No.10, Varanasi in Sessions Trial No.3 of 2001 (State Vs. Chhedi and others), arising out of case crime no.15 of 1999, under Sections 147 , 148 , 304 , 323 , 504 IPC, P.S. Shivpur, District Varanasi, whereby the appellants were convicted and sentenced under Section 323 IPC for one year's rigorous imprisonment.

(2.) Filtering out the unnecessary details, the prosecution story in brief is that on 07.02.1999 at about 8.00 o' clock in the morning a Panchayat was going on between the informant/PW-1 Rajendra Prasad and the accused persons namely Chhedi, Sachchan, Rajesh, Virjan and Mansha regarding construction of tank of pumping set, but the accused persons did not ready to accept the decision of Panchayat and abusing the informant climbed at roof and started throwing brickbats, due to which the persons present there, received injuries; brother of informant namely Amar Nath sustained serious injuries and he was admitted in Kabir Chaura Hospital, where he died on 08.02.1999 at 7.00 o' clock in the morning; the informant, his brother Ram Chandra and Ramjeet also sustained injuries; several persons present in the Panchayat had seen the incident; written report of this incident was given by the informant on 08.02.1999 at Police Station Shivpur, on which the case was registered against accused persons namely Chhedi, Sachchan, Rajesh, Virjan and Mansha in case crime no.15 of 1999, under Sections 147 , 148 , 304 , 323 , 504 IPC and the same was also entered in General Diary (GD) at the same time; on 08.02.1999, the informant and his brother Ram Chandra present at the Police Station, were sent for medical examination at S.S.P.G. Hospital, Kabir Chaura; investigation was commenced by S.I. Avinash Chandra Sinha, who recorded the statements of informant Rajendra, his brother Ram Chandra, Ram Ji and Bachchan on 08.02.1999 and after inspecting the spot prepared site plan; he also got prepared the inquest report, photo nash etc. and after completing necessary formalities sent the dead body for postmortem; the further investigation was done by S.I. R.D. Singh, who after completion of investigation submitted charge sheet against accused persons for the offence under Sections 147 , 148 , 323 , 304 , 504 IPC.

(3.) Fifth Additional Chief Judicial Magistrate, Varanasi after taking cognizance committed the case to the court of sessions.