AJIT SINGH,J. - (1.) Heard Shri Hemendra Pratap Singh, learned counsel for appellants, Shri S.B. Maurya, learned AGA and perused the record of the case.
(2.) This criminal appeal has been filed against judgement and order dated 18.01.2005 passed by the Additional District and Sessions Judge (Fast Track Court No. 3), Aligarh in S.T. No. 574 of 2003 (State vs. Shree Pal and others), Under Sections 395, 397, 353, 333, 336, 504 I.P.C., P.S. Khair, District-Aligarh, by which the appellants have been convicted and sentenced under Section 332 read with Section 149 IPC to undergo two years rigorous imprisonment and one year rigorous imprisonment under Section 147 IPC and they have been acquitted from the offences punishable under Sections 395, 397, 353, 333, 336, 504 of I.P.C.
(3.) The prosecution story in brief is that On 23.05.2002 at about 1:30 a.m. a First Information Report was lodged at Case Crime No. 308 of 2002 under Sections 395, 397, 353, 333, 336, 504 of I.P.C. against six named persons i.e. accused appellants and 60-70 unknown persons on the allegation that the accused persons have assaulted the police personnel with intention to kill them. It is further alleged in the First Information Report that there was a dispute between the residents of village Rustamgarh and Bakner over the construction of a road and the villagers of Bakner had obtained a stay order from the Court. On 22.05.2002 both the parties agreed that no one would go against the stay order and status quo would be maintained on the spot. Satya Pal Singh, SHO of the concerned police station was informed that against the stay order the residents of village Rustamgarh were constructing road in night by machine. He along with his accomplishes reached there and tried to stop them but they did not stop the illegal construction work. He called for additional police force and there reached First Informant S.I. Bhupal Singh, Constable Kishalpal Singh and Constable Girraj Kishore Dubey. They saw the residents of village Rustamgarh standing laced with Lathi, country made pistols as well as bricks and stones. They asked them to maintain law and order but they continued with their illegal construction of road and attacked on the police party with with intention to kill them. They created problem to the police officials in discharge of their duty and caused serious injuries to Constable Kushal Pal Singh with Lathi-Danda, bricks and stones and service rifle No. 22722 W and Magazine with five cartridges were also taken away by Shri Pal and Dalbir with intention to fire back at the police party.;