RAJU Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgement and order dated 28.1.1988 passed by IXth Additional Sessions Judge, Bulandshahar in S.T. No. 482 of 1985, convicting and sentencing the appellants under Sections 325/34 I.P.C. to undergo Rigorous Imprisonment for the period of three years.

(2.) The brief facts leading to this appeal are that an FIR.was lodged at police station-Khurja City on 20.7.1985 at about 7.30 a.m. by Ganga Prasad, son of Chunni Lal, resident of Bagh Rishalda, which was registered as non-cognizable case. It was alleged in the FIR.that today, in the morning at about 7.00 a.m. when he was sitting on his Chabutara, the accused who were Gangsters and were having enmity with him were going by the side of his Chabutra singing indecent songs. When he told them not to sing indecent songs, the accused persons started assaulting him with lathi, kicks and fists. They also abused him and threatened him with dire consequences. He further stated that he apprehends danger to his life at the hands of the accused persons. This incident was allegedly witnessed by Ravi Shankar and Harkesh. The FIR.was registered under Sections 323, 504 and 506 I.P.C. Later on informant was taken to the hospital at Khurja and considering his condition to be serious he was referred to Delhi and on 20.7.1985 the complainant Ganga Prasad was taken to Jai Prakash Narain Hospital where he succumbed to injuries at about 10.00 p.m. on 29.7.1985. After the death of the deceased Ganga Prasad an application was submitted by Ravi Shankar, son of the deceased at police station regarding the death of his father, alleging therein that his father has succumbed to injuries inflicted by the accused Raju @ Raj Kumar and Kalwa on 20.7.1985 at about 7.00 a.m. On this information Section 304 I.P.C. was also added.

(3.) After completion of investigation, the Investigating Officer has submitted charge sheet against the accused persons and cognizance was taken by the Magistrate. The case was committed to the court of Session.