DINESH PATHAK,J. - (1.) Ref: Delay Condonation Application No. 387488 of 2016 : On the application under Section 5 of the Limitation Act in moving the application seeking leave to appeal, time was granted to file counter affidavit vide order dated 17.12.2016. No counter affidavit has been filed, till date. The explanation given by the applicant for the delay is found satisfactory. The application under Section 5 of the Limitation Act is hereby allowed. Delay condoned. The application is treated to have been filed within time prescribed for the purpose. Order on Appeal Heard Sri Vivek Jaiswal, learned counsel for the appellant at admission stage. Instant criminal appeal u/s 372 Cr.P.C. has been preferred by the appellant, who is son of informant, Ramesh Chandra Jaiswal (since deceased), challenging the impugned judgement dated 15.3.2016 passed by the Additional District and Sessions Judge, Court, Varanasi in S.T. No. 529 of 1999 (State of U.P. vs. Narendra Kumar Singh and others), convicting the accused Narendra Kumar Singh (respondent no. 1), Ajay Kumar Singh (respondent no. 2) and Shiv Shankar Singh (respondent no. 3) for the commission of lesser offences under Sections 323/34, 325/34, 506 I.P.C., than the commission of graver offences for which they had been charged under Sections 307, 308, 326 and 504 I.P.C. Each of them (accused) has been sentenced to undergo imprisonment for six months under Section 323/34 and three years imprisonment under Section 325/34 I.P.C. along with fine to the tune of Rs.2000/-. In case of default, they shall further undergo three months additional imprisonment. That apart, they have also been sentenced to undergo imprisonment for one year under Section 506 I.P.C. along with fine of Rs.500/-. In case of default, they shall further undergo one month additional imprisonment. All sentences will go simultaneously.
(2.) It is pertinent to mention here that Jata Shankar Singh, one of the accused and informant Ramesh Chandra Jaiswal (P.W.1) had died during the pendency of the trial.
(3.) As per the FIR version, informant Ramesh Chandra Jaiswal was owner and in possession of House No. B-28/7-A, Ghasiyaritola, P.S. Bhelupur, District Varanasi. On the date of the incident i.e. 16.11.1994 at 9.00 p.m. Jata Shankar Singh s/o Chatradhari Singh, Narendra Singh s/o Jata Shankar Singh, Ajay Kumar Singh, son of Ravi Shankar Singh, all residents of B-28/7-A, Ghasiyaritola, P.S. Bhelupur along with their relative Shiv Shankar Singh s/o Gauri Shankar Singh, resident of village Bhikaripur, P.O. and P.S. Kachwa, District Mirzapur, who were tenants of southern portion of the house, armed with 'katta' (country made pistol), iron rod and hockey stick barged into the house of informant Ramesh Chandra Jaiswal and asked him to vacate the house. While the informant resisted, one of the accused namely, Narendra Singh shot at him by 'katta' intending to kill him. Still, he escaped by breath's distance and tried to run away, the remaining accused chased after him and thrashed him by iron road and hockey stick. While the informant screamed, his servant Bajrangi Lal (P.W. 2) son of Chhedi Lal, resident of D-41/3, P.S. Dashaswamedh, Districk Varanasi, who worked at his cement shop situate outside of his house, rushed to the informant but the accused had beaten him up as well by iron rod and hockey stick. Due to fracas, bypassers and bystanders gathered at the seen, consequently, anyhow lives of the informant and his servant could be saved. Thereafter, the accused threatened them to take their lives and fled away.;