Friday, January 13, 2012

[ZESTCaste] Congress 'convicted' candidate: High Court reserves verdict

 

http://timesofindia.indiatimes.com/india/Congress-convicted-candidate-High-Court-reserves-verdict/articleshow/11464768.cms

Congress 'convicted' candidate: High Court reserves verdict
Ashish Tripathi, TNN | Jan 12, 2012, 08.42PM IST

LUCKNOW: Justice Ajay Lamba of the Lucknow bench of the Allahabad High
Court on Thursday reserved verdict on the criminal appeal filed by
Dilip Kumar Verma, Congress candidate from Nanpara assembly
constituency.

The appeal is against judgement of a trial court in Bahriach which
sentenced Verma to five year's jail term for offences under Arms Act
and SC/ST Prevention of Atrocities Act. The trial court had convicted
Dilip and Kuldip Verma for assaulting a police constable Shiv Sahay
and a home guard Ram Bahadur Singh in full public view.

Verma's lawyer Nagendra Mohan, however, argued that since a police
officer to the rank of sub-inspector had investigated the matter, the
conviction under SC/ST Act does not sustain. He also contended that
since the appellants had not used the weapons, the offences under Arms
Act were also not established. It is unnatural that two cops armed
with official weapons could be assaulted without any offering any
resistance, argued the lawyer. Additional government advocate Rajendra
Kumar Dwivedi vehemently opposed the appeal and said that the apex
court held that an investigation conducted by an inferior officer
would not vitiate the judgement rendered by the trial court. "If the
weapons are put on chest to threaten the persons, it cannot be said
that the weapon is not used. In fact it is misused," argued Dwivedi.

Dilip carries a long criminal history of seven cases including murder
and attempt to murder registered in different police stations of
Bahraich. The investigating officer had collected the said antecedent
and cited in the case diary. Dilip is also facing trial in a Bahraich
court relating to attempted murder in which he along with his
supporters had attacked upon a police station and assaulted police
officers, when he was a MLA of the Samajwadi Party in 2004.

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