SATISH KARANWAL Vs. STATE
LAWS(UTN)-2012-12-21
HIGH COURT OF UTTARAKHAND
Decided on December 27,2012

VIJAY SINGH,Satish Karanwal,Rajneesh Mittal,Devender Kumar @ Pinku Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) ALL these three appeals are directed against the judgment and order dated 08.11.2000, passed by Special Judge (Anti Corruption) U.P. Dehradun, in Sessions Trial No. 27 of 1992, whereby said court has convicted accused/appellants Satish Karnwal, Harish Chhabra, Devender Kumar @ Pinku, Vijay Singh, Om Prakash and Rajneesh Mittal under section 395 IPC. Each one of them has been sentenced to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 25,000/.
(2.) HEARD learned counsel for the parties and perused the lower court record. Prosecution story in brief is that on 14.09.1989, at about 11:00 a.m., a search party from Income Tax Department consisting of Shri P.K. Banerjee, Income Tax Officer, Shri R.K. Jain, Income Tax Officer, P.W.5 Shri Ajay Kumar Sonkar, Income Tax Inspector (injured eye witness), P.W.4 Vinod Johri, the then Income Tax Inspector (another injured eye witness), A.K. Dhondiyal, Income Tax Inspector, A.B. Srivastava, Income Tax Inspector and K.N. Tiwari, Income Tax Inspector with two police constables namely P.W. 10 Constable Suresh Pal Singh and one Constable A.P. Chandrapal entered in the premises of M/s Sameer Ispat Private Ltd. Meerut Road, Muzaffarnagar with search warrant and other necessary papers. The team of Income Tax Officials deployed the constables at the main gate of factory premises. They met one Sandeep Maini, Production Manager of the factory to whom they introduced themselves and disclosed the purpose of the search. After warrant was shown, Sandeep Maini was asked to provide two witnesses to be present during the proceedings of the search. However, he did not co operate and asked for time on the pretext that accused/appellant Harish Chhabra, the owner of the factory is likely to reach there. After waiting for sometime, accused/appellant Satish Karanwal came to the factory thereafter accused/appellant Satish Karanwal and one Sandeep Sharma agreed to be witnesses of the proceedings of the search. As the search proceedings started, accused/ appellants Satish Karanwal requested for leaving the premises on the pretext that he had to deposit tax on which he was allowed to leave only after he substituted one Kapoor, storekeeper as a witness. Half an hour therafter, a mob of 100150 persons led by accused/appellant Satish Karanwal entered in the premises raising slogans against Income Tax Department. Some of the persons in the mob armed with LATHIS and DANDAS. The mob forcibly entered into the premises. Accused/appellants who were with the mob hurled abuses at the Income Tax Officials, manhandled them and assaulted them. Not only this, the mob led by accused Satish Karanwal forcibly stripped of clothes of the Income Tax Officials and compelled them to apologize before accused/appellant Harish Chhabra who had also come with the mob. The Income Tax Officials were thereafter made to leave the premises without clothes and papers. They somehow reached back to Income Tax office at Meerut. Injured Income Tax Officials namely P.W.4 Vinod Johri, P.W.5 Ajay Kumar Sonkar, P.K. Banerjee, R.K. Jain, K.N. Tiwari, and A.K. Dhondiyal were medically examined by P.W.1 Dr. Dushyant Tyagi of Medical College Meerut. First Information Report (Ex. A13) was given on the very day (14.09.1989) at Police Station Medical College Meerut, which was transmitted from there to Police Station Mansoorpur of District Muzaffarnagar. Later, the case was handed over to Central Bureau of Investigation (for short CBI). P.W.15 Sohrat Singh, Inspector CBI started investigation and the same was concluded by P.W.14 Inspector Yogendra Singh who submitted charge sheet against accused/appellants Satish Karanwal, Harish Chhabra, Devendra Kumar @ Pinku, Vijay Singh, Sandeep Maini, Omprakash and Rajneesh Mittal for their trial in respect of offences punishable under section 147, 149, 353, 332 and 395 IPC.
(3.) THE trial court, after hearing the parties on 14.10.1996, framed charge of offences punishable under section 147, 332/149 and 395 IPC, against all the seven accused namely Satish Karanwal, Harish Chhabra, Devender Kumar @ Pinku, Vijay Singh, Sandeep Maini, Omprakash and Rajneesh Mittal to which they pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Dr. Dushyant Tyagi (who medically examined injuries on person of Income Tax Officers), P.W.2 Constable Manveer Singh, P.W.3 Vinod Khurana, the then Dy. Director Investigation, Income Tax Department, P.W.4 Vinod Johri, the then Income Tax Inspector (injured eye witness), P.W.5 Ajay Kumar Sonkar, Income Tax Inspector (another injured eye witness), P.W.6 Vijay Bahadur Singh the then City Magistrate (who conducted Test Identification Parade in respect of accused Rajneesh Mittal and Om Prakash), P.W.7 Rajeev Rautela the then Sub Divisional Magistrate (who conducted Test Identification Parade in respect of accused Devender Kumar @ Pinku), P.W.8 Sultan Singh Chauhan, the then Sub Divisional Magistrate (who conducted Test Identification Parade in respect of accused Harish Chhabra, Vijay Singh and one Surendra Singh), P.W.10 Constable Suresh Pal (eye witness), P.W. 11 Om Prakash (male nurse of private hospital where injured Ajay Kumar Sonkar remained admitted), P.W.12 Dwarkesh Puri (record keeper of Medical College, Meerut), P.W.13 Baig Raj Singh (who made entry in the General Diary at Police Station Mansoorpur, District Muzafffarnagar, after FIR was sent from Medical College Meerut to Mansoorpur), P.W.14 Inspector Yogendra Singh Investigating Officer (who completed investigation) and P.W.15 Inspector Sohrat Singh of CBI (who started investigation after the case was transferred to said agency for investigation).;


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