SURESH @ SURESHWAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26 th May, 2011 and order on sentence dated 27 th May, 2011 passed by the Trial Court; whereby appellant has been convicted under Section 307 IPC and sentenced to face rigorous imprisonment of five years with fine of Rs. 10,000/- and in default of payment of fine to undergo simple imprisonment for three months. Benfit of Section 428 Cr.P.C. has also been given to the appellant.

(2.) Prosecution story, as emerges from the record, is that the appellant was living in the same building as a tenant where PW1 Ram Awtar s/o Ram Babu had been residing along with his brothers PW7 Vinod and PW9Balak Ram. PW2 Ram Avtar s/o Raja Ram is brother-in-law of PW1 who was also living with him. PW5 Smt. Rajshri is wife of PW7 Vinod. On 31 st May, 2005 when the men folk were away for work and PW5 was alone in the house appellant misbehaved with her. When PW1, PW2, PW7 and PW9 returned home in the evening PW5 informed them that the appellant had misbehaved with her during the day time. When PW2 Ram Avtar and PW1 Ram Awtar asked the appellant as to why he misbehaved with PW5 Rajshri he quarreled with them. He also threatened them with dire consequences. PW1 Ram Awtar intervened and pacified them. Thereafter, all of them returned to their respective rooms.

(3.) In the night intervening 31 st May, 2005 and 1 st June, 2005 PW1 Ram Awtar, PW2 Ram Avtar and PW9 Balak Ram were sleeping on the roof of the house when at about 2 am appellant came there and stabbed PW2 Ram Avtar. On hearing cries of PW2 Ram Avtar, PW1 Ram Awtar and PW9 Balak Ram woke up and saw PW1 in injured condition and appellant standing besides him with a knife in his hand. PW1Ram Awtar and PW9 Balak Ram tried to apprehend appellant but he jumped in the gali and tried to escape. However, he was apprehended by PW4 Ms.Krishna. Appellant had sustained injuries due to fall.