SAJENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 11.3.2005, passed by Addl. Sessions Judge/Special Judge, E.C. Act, Meerut in Sessions Trial No. 821 of 1999 whereby Appellants (1) Sajendra, (2) Yogendra alias Toni, (3) Sanjay and (4) Santoo were convicted under Sections 148 and 302/149, I.P.C. Each of the Appellant was sentenced to R.I. for two years under Section 148, I.P.C. and to life imprisonment with fine of Rs. 5,000 with default clause under Section 302/149, I.P.C. Both the sentences awarded to the Appellants were directed to run concurrently.

(2.) THE incident took place on 24.4.1999 at 5.30 p.m. in village Tigri, P.S. Mawana, district Meerut. The F.I.R. (Ext. Ka -1) was lodged by the complainant Ranvir Singh (P.W. 1) on the same day at 6.40 p.m. at P.S. Mawana.

(3.) ON the basis of written report, Ext. Ka -1, Head Moharrir Chhotey Singh (P.W. 5) prepared check report Ext. Ka -5 on 24.4.1999 at 18.40 hours and the case was registered at Crime No. 266 of 1999 under Sections 147, 148, 149 and 302, I.P.C. against the accused persons and an entry was made in the G.D. at 18.40 hours on 24.4.1999 at serial No. 99 (copy Ext. Ka -6). S.H.O. Sri K.N. Singh (P.W. 6) was not present at the police station at the time of lodging of the F.I.R., but was present in the qasba Mawana to monitor Moharram procession. He was informed about the incident through wire -less set.