ASHOK KUMAR PANDEY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE three appeals brought by Ashok Kumar Pandey and others, named below, are directed against a common judgment dated 19.9.2012 passed by learned Additional Sessions Judge, Ludhiana as also the order on sentence of the same date vide which the following sentence has been awarded to the appellants.

(2.) THE prosecution that was initiated by way of FIR No.159 dated 20.4.2002 registered at Police Station Division No.5, District Ludhiana for an offence punishable under sections 307, 120-B read with section 34 of Indian Penal Code and section 25 of the Arms Act, is based on the following facts: Bipan Chand Sharma, the complainant has been working as Chief Ticket Inspector, Railways and he has been the General Secretary in Uttar Railway Majdoor Union (URMU). His office is at Panchkuhian Road, New Delhi. He often used to visit his office at New Delhi. Lucknow branch of URMU is situated at Charbagh area. There was a dispute in the Lucknow branch about the post of Branch Secretary. Mr. R.C.Tiwari, who was working as Branch Secretary had retired and so, the post was lying vacant. As the complainant was overall General Secretary, so he had deputed Mr. J.P.Vajpayee to work as Branch Secretary at the Charbagh Lucknow branch of URMU. In this regard, the complainant had got issued a letter from General Manager, Delhi. However, this development did not go down well with H.N.Pandey, who is a foreman and Assistant Secretary of URMU. He wanted to be Branch Secretary. Ashok Pandey, who is the Vice President of the branch of URMU at Lucknow had been supporting him. H.N. Pandey and Ashok Pandey had come to the Delhi office of URMU 3 or 4 times with four more persons whom the complainant could recognize if they came in front of him. They used to pressurize the complainant to make H.N.Pandey, Branch Secretary and sometimes disputes arose in this regard.

(3.) SATINDERPAL Singh, ASI, Police Post Bus Stand, Ludhiana alongwith other police officials reached CMC, Ludhiana on receipt of Information that Bipan Chand Sharma, the complainant had been admitted there on account of receipt of injuries in gun-firing. He asked the doctor attending the complainant about fitness of the complainant to make statement. The doctor declared him unfit to make the statement. He could not find any other person present there who could tell about the occurrence.