S.N.H.Zaidi, J. - (1.) UNDER challenge in this appeal is the judgment and order dated 9.1.2004 passed by the Additional Sessions Judge/Fast Track Court -2, Rae Bareli in S. T. No. 631 of 2000 State of U.P. v. Avadhesh Yadav and Ors., convicting the appellant and others under Section 332 I.P.C. and sentencing them to the period of imprisonment already undergone by them during the trial and a fine of Rs. 1500/ -and in default of payment of fine, to an additional imprisonment for six months.
(2.) THE facts, as emerged from the record, in brief, are that on 12.12.1999 PW1 Constable Vinod Kumar Tripathi had gone to village Pure Subedar, hamlet of Brara Bujurg, within Police Station Gadaganj of district Rae Bareli, along with PW2 Constable Kunwar Bahadur Yadav to arrest the named accused persons of Case Crime No. 134 of 1999 under Sections 354 : 504 : 506 : 352 I.P.C. of the said police station and when at about 7.30 pm they reached near the house of accused Avadhesh Yadav and Shankar Yadav, they saw them standing in front of their house, who on seeing the police constables tried to run away but were given a chase and apprehended by them, whereupon they started quarreling with them and in their support Sheetala and Ayodhaya, being armed with country made pistols, Dilip, Ramesh, Surendra and appellant Rakesh, being armed with Lathi and danda, came over there and started attacking the police party and caused injuries to them. In the meanwhile Smt. Chauba Devi, carrying the licensed gun of her husband, also came there along with Ram Narain and at the exhortation of Ram Narain aimed the gun at the police personnel, whereupon PW1 fired in the air but in the meanwhile the assembled persons got the arrested persons freed from the police custody and they ran away but were chased by them and at this time Sheetala and Ayodhaya fired at them with their pistols but they providentially escaped. Both the police personnel received injuries in the incident. Pw -1 Const. Vinod kumar Tripathi gave written report Ext. Ka -1 with the above averments at 10.30 pm at the police station on the basis of which a case under Sections 147 : 148 : 149 : 323 : 332 : 307 : 224 : 504 : 506 I.P.C. and 7 Criminal Laws Amendment Act and Section 25/27 Arms Act was registered against the appellant and nine others. The police, after the investigation, submitted a charge -sheet against the appellant and others under the said sections, whereupon the Magistrate took cognizance and committed the case to the court of Sessions for trial. The trial court framed charges of Sections 147 : 148 : 224/149 : 323/149 : 325 : 332/149 : 333/149 : 307/149 : 504 I.P.C. and Section 7 Criminal Laws Amendment Act against all the accused persons and an additional charge of Section 25/27 Arms Act against Smt. Chauba Devi. The appellant and other accused persons pleaded not guilty to the charges and claimed the trial.
(3.) THE prosecution examined PW1 Const. Vinod Kumar Tripathi, PW2 Const. Kunwar Bahadur, PW3 Dr. S.L.Sharma, PW4 Dr. Om Prakash, PW5 HCP Nanhey Lal, PW6 S.I. Brij Mohan Yadav and also produced documentary evidence Ext. Ka -1 to Ext. Ka -9, in support of its case.;