Decided on August 05,2013

SANJAY RAI Appellant


- (1.) Pw3 Adhir Bairagi Lodged An Fir Against Accused Persons, Namely, Sanjay Rai, Akash Rai, Sushil Rai And Chittaranjan Rai On 30Th November 1997, At 07:20 A.M., In Police Station Sitarganj, Khatima, Which Was Registered As Case Crime No. 484 Of 1997 For The Offences Punishable Under Sections 304, 436, 504, 506, 323 Of Ipc. After The Investigation, Charge-Sheet Was Submitted Against The Accused Persons In Respect Of The Selfsame Offences. The Case Was Committed To The Court Of Sessions. When The Trial Commenced And Prosecution Opened It's Case, Charge For The Offences Punishable Under Sections 323 / 34, 504, 506, 304, 436 Of Ipc Was Framed Against The Accused Persons Akash Rai, Sushil Rai And Niranjan Alias Chittaranjan Rai. A Separate Charge For The Offences Punishable Under Sections 323, 504, 506, 304 And 436 Of Ipc Was Framed Against The Accused Sanjay Rai. All The Accused Persons Pleaded Not Guilty To The Charges And Claimed Trial.
(2.) Pw1 Anjali Devi, Pw3 Shiv Kumar, Pw3 Adhir Bairagi, Pw4 Sudhir Bairagi, Pw5 Dr. B.D. Joshi, Pw6 Dr. Rakesh Kumar Sachan And Pw7 S.I. Gurudayal Singh Were Examined On Behalf Of The Prosecution. Incriminating Evidence Was Put To The Accused Persons Under Section 313 Of Cr.P.C., In Reply To Which They Said That They Were Falsely Implicated In The Case. No Evidence Was Given In Defence. After Considering The Evidence On Record, Learned Sessions Judge, Nainital Acquitted Akash Rai, Sushil Rai And Chattaranjan Rai Of The Charge Framed Against Them. Accused Sanjay Rai Was Convicted Under Section 304 Of Ipc And Was Sentenced To Undergo Rigorous Imprisonment For Seven Years. He Was, However, Acquitted Of The Other Charges Framed Against Him. Aggrieved Against The Impugned Judgment And Order Dated 03.12.2001, Accused-Appellant Sanjay Rai Preferred This Criminal Appeal, As Against His Conviction And Sentence.
(3.) Prosecution Led The Evidence Through Pw3 Adhir Bairagi (Informant), Who Supported The Prosecution Story And Also Proved His Complaint (Ext. Ka-1). Pw3, Who Was The Eyewitness Of The Incident, Stated That In Village Sisouna, Kshitij Viswas (Victim) And Shiv Kumar Were Working In A Field. Accused Persons Sanjay Rai And Others Were Armed With Sticks And Iron Rods. Accused Persons Reached At The Filed And Started Hurling Abuses At Kshitij Viswas. The Dispute Related To A Piece Of Land. Kshitij Viswas Requested The Accused Persons Not To Hurl Abuses At Him And Shiv Kumar, But Accused Sanjay Rai Gave A Blow Of Iron Rod On The Head Of Kshitij Viswas. Shiv Kumar Tried To Intervene, But He Too Was Assaulted. An Alarm Was Raised. On Hearing The Cries, Sudhir Bairagi And Ashok Kumar Came, But In The Meanwhile, Accused Persons Torched The Hut, Which Was Owned By Adhir Bairagi And Left The Scene. Pw3 Also Said That He Took Kshitij Viswas And Shiv Kumar To Government Hospital, Where From Kshitij Viswas Was Referred To Bareilly For Treatment, Where He Ultimately Died. Pw3 Lodged Complaint (Ext. Ka- 1) In Police Station Sitarganj. Pw3 Was Cross-Examined At Length, But Nothing Came In The Cross-Examination Of Pw3 To Suspect His Testimony.;

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