DEVENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 08.06.2005, passed Sri S.B. Singh, Ist Additional District and Sessions Judge, Baghpat, convicting the appellant under Section 152, Railways Act, Police Station Khekra, District Baghpat and sentencing him for 5 years' rigorous imprisonment.

(2.) Brief facts of this case is that on 23.05.2001, police party comprising of ASI Malkha Singh, ASI Mahendra Singh Malik along with H.C. Pawan Singh Malik, constable Tejpal Singh and Vakeel Ahmad with Government vehicle arrived at the railway station then he saw that Shamli-Delhi Express train was standing at the Platform Khekra Railway Station and several persons were pelting stones on the said train and hosepipe of that train was cut-off by these miscreants. Due to stone pelting, several persons were injured and the milk of the milkmen was spoiled. At the spot, at about 8.00 a.m., police party arrested appellant-Devendra, Prakash and Surendra, all resident of village Khekra. Accused Laxman, Bhopal, Satish, Madan, Vinod, Sattu, Vijendra, Jitendra alias Kuku, Surendra and Ashok were flew away from the place of occurrence. Several persons were injured and police party told them to examine themselves then they refused to do so. Arrested persons were brought to the police station and named FIR was lodged against them under Section 152of the Railways Act at Police Station Khekra, District Baghpat at 12.30 p.m.

(3.) After lodging of the First Information Report, Investigating Officer reached to the spot and started investigation and recorded the statement of the witnesses and prepared the map of occurrence and after completing the formalities, charge sheet against the appellant as well as 10 others was submitted on 01.07.2001 (Ext. Ka-3). After committal of the case before the Sessions Court, Sessions Judge framed charge under Section 152 of the Railways Act against all the accused persons. Accused stated that they are falsely implicated in this case and pleaded that they are not guilty.