TIRRU Vs. STATE OF U P

JUDGEMENT

(1.) TIRRU, Ramji and Dilip Singh have preferred this appeal against the judgment and order dated 31-3-1979 passed by Sri A. S. Tripathi, II Additional District and Sessions Judge, Varanasi in Sessions Trial No. 92 of 1976. The appellants have been convicted under sections 307/149, 324/149 and 148 IPC and have been sentenced to seven years' RI, one year's RI and one year's RI respectively. All the appellants have also been convicted under section 5 of the Explosive Act and each has been sentenced to two years' RI. Appellants TIRRU and Ramji have further been convicted under section 332 IPC and each has been sentenced to one year's RI. The sentences have been ordered to run concurrently.

(2.) THE prosecution story as revealing from the first information report is as follows : One Chotey Lal, a notorious Goonda of the town, had demanded Rs. 5000/- from Sitaram PW 1. Baiju, PW 2, is the brother-in-law of Sitaram, PW 1. THE appellants are alleged to be of the gang of the aforesaid Chotey Lal. Chotey Lal was arrested at the behest of Baiju, PW 2. THE amount of ransom demanded by Chotey Lal was not paid. THE arrest of Chotey Lal and the non-payment of the ransom amount caused enmity with the gangmen of Chotey Lal. Chotey Lal was later on killed in the encounter with the police. On 24-10-1974 at about 8.00 p. m. Sitaram, PW 1, Baiju, PW 2, and a number of other persons were sitting in the Baithak of Sitaram's house in mohalla Chaurchharwa, PS Chetganj, Varanasi. Six or seven persons came there and threw hand grenades in the room where they were sitting from the door sad window. Hearing the sound of the explosion of hand grenades the constable Kamla Yadav, PW 5, and Sumaru Yadav, PW 7, who were on patrol duty reached the spot. Bombs were thrown towards them also and they were injured. THE incident was seen by Kanhaiya, Muiii, Bhikhy, Durga Prasad and others. It is alleged that there was sufficient light tin the room, the lane and the road. THE miscreants were seen in the said electric light and were accordingly named in the first information report. THE persons who could not be identified were not named in the report. Consequently to the throwing of the hand grenades Baiju, Mukund Lal, Hanuman Prasad, Bhairo Prasad, Beni Madho, Km. Anita, Mewa Lal, Vishwanath, Dakhi and constables Kamla Yadav and Sumaro Yadav were injured. All the injured except the two constables were rushed to the hospital. THE two injured constables went to the police station.

(3.) AFTER the investigation was completed a charge-sheet was submitted against the accused.