RANJIT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants have challenged the judgement and order passed by the IXth Additional Sessions Judge, Allahabad in S.T.No. 81 of 1984 (Ranjeet and other) decided on 22.3.1985 whereby a conviction under Section 324 I.P.C. read with Section 34 I.P.C. was recorded against them and the appellants were released on probation on good conduct for a period of one year on furnishing suitable sureties.

(2.) THE occurrence in question was reported to the police station by their complainant Ram Bahadur Singh, P.W. -1, while lodging written report Exhibit Ka -1 with the facts that he is the owner of the House No.207 'Malti Niwas' in Sobatiabagh, Allahabad. The eastern room of this house was earlier rented to one Vimal Shanker Singh, who left the room and thereafter present appellants took possession of the room without paying any rent, electricity or water charges. In order to deter the complainant, P.W. -1, from raising any protest or to make any demands these appellants frequently arranged the assembly of 15 -20 of their associates. The complainant reported the matter to the parents of the appellants which offended the appellants. On 4.4.1980 at about 7.15 in the evening, the appellants alongwith two others, unknown to the complainant, trespassed into the house and at the point of pistol told the complainant that they are here to account for the rent due. The complainant in order to save himself, bolted him inside the room. The miscreants thereafter in order to deter the inmates of the house, hurled a bomb and while Dinesh Bahadur Sinha, his wife Smt.Raman Sinha, Smt.Malti, the wife of the complainant approached, that the miscreants including the appellants again exploded a bomb which caused injuries to Smt.Malti. The miscreants also removed the gold chain and the ring which Smt.Raman Sinha was putting on.

(3.) THE written report Exhibit Ka -1 scribed by the P.W. -1 was given at the police station where the criminal case bearing criminal number 164 of 1980 under Sections 307, 356 I.P.C. was registered. The report is Exhibit Ka -2. Smt. Malti, the injured was referred to the District Hospital for her medical examination. The injury report is Exhibit Ka -5. The matter was investigated by S.I. Kalka Prasad, who prepared the site plan and after recording the statement of witnesses, submitted the chargesheet as Exhibit Ka -7 against the accused persons for offence under Sections 307 and 392 I.P.C.