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Showing contexts for: IPC 332 in Pratap Singh vs State Of U.P. on 21 April, 2023Matching Fragments
1. Heard learned counsel for appellants as well as Sri Arvind Kumar Tripathi, learned AGA for the State and perused the record.
2. The aforesaid criminal appeals under Section 374 (2) CrPC have been preferred against the judgement and order dated 13.1.2005 passed in S.T. No. 605 of 2000 passed by Additional Sessions Judge, F.T.C., Court No. 5, Lucknow whereby Appellants Pratap Singh as well as Vijay Kumar were convicted by order dated 13.1.2005 under Sections 148, 353 read with section 34 IPC and 332 read with 34 IPC and both the appellants have imprisonment of one and half year in Section 148 IPC with fine of Rs. 500/- in default 20 days rigorous imprisonment and under section 353/34 IPC one year rigorous imprisonment with fine of Rs. 300/- with default of fine of 10 days additional imprisonment and 332/34 IPC one and half year and fine of Rs. 500/- in default 20 days more additional imprisonment and all the sentences shall run concurrently.
4. On the basis of the aforesaid written report of constable Ramayan Prasad, a case on Crime No. 129 of 1997 under Sections 147, 148, 307, 353, 332 IPC was registered. The investigation of the case was entrusted to sub inspector R.C. Yadav.
5. The injured were examined in Bhaurao Devsas Hospital Mahanagar whereas injured Rajesh was medically examined at Balrampur Hospital.
6. The investigating officer after recording the statement of the witnesses, preparing the cite plan and completing other necessary formalities submitted a chargesheet against the accused persons under Sections 147, 148, 149, 307, 353, 323, 332 IPC.
7. After committal of the case to the Court of Sessions Judge, the charges were framed under Sections 147, 148, 353/149, 332/149 IPC against accused Raju @ Guddu, Vijay, Shiv Nath @ Shivas, Ram Singh, Jodinder and Santlal whereas against accused Pratap charges were framed under Sections 147, 148, 353/149, 332/149, 307 and 323 IPC. The accused persons were treated not guilty and claimed to be tried.
8. The prosecution in support of this case examined Surendra Prasad (PW-1), constable Rajesh Yadav (PW-2), Dr. M.K. Gupta (PW-3), Jagannath (PW-4), Dr. V.S. Brora (PW-5), Ram Chandra Yadav (PW-6), constable Ramayan Prasad (PW-7).
16. It is rightly contended by the learned counsel for the appellants that the effect, relevance and applicability of Section 360 Cr.P.C. have not been considered by the trial court and appellants deserve probation under Sections 148, 353/34, 332/34 IPC.
17. Thus, the appeals are partly allowed. The conviction as directed by trial court under Sections 148, 353/34 and 332/34 IPC is hereby confirmed and the appellants are directed to be released on probation under Section 4 of the U.P. First Offenders' Probation Act with stipulated condition that he shall keep peace and good conduct for one year subject to furnishing personal bond and two sureties of like amount of Rs. 40,000/- each before the court concerned.