LAXMAN YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an criminal appeal against the judgment and order dated 23.03.1999 passed by 10th Additional Ses­sion Judge, Faizabad in Session Trial No. 20/1999 related to case crime No. 100/1994 State v. Laxman Yadav under Sections 307, 324, IPC, P.S. Tarun, District Faizabad. By the im­pugned judgment and order, learned Session Judge hold guilty to the accused-appellant for the offence under Section 307, IPC and sen­tenced him for 10 years R.I. and to pay a fine of Rs. 5,000/- and in default of payment of fine, six months additional imprisonment. Rs. 1,000/- out of the fine deposited was awarded as compensation to injured of the case named Bakaru.

(2.) AS per prosecution case, in the night of 2/3.08.1994 when the injured Bakaru as usual was sleeping in front of kotha of his tube-well, at about 12.30 in the night accused Laxman Yadav having "gandasa" in his hand came there and started to give blow of "gandasa" on the body of the victim. He woke up and raised alarm and tried to save himself but accused had given several blows on his head, eye-brow and other parts of the body. Ram Nayak, Shyam Lal, Shiv Bahadur Verma etc. several persons assembled there. Accused was identified in the light of electric bulb hanging on the wall of kotha of tube-well and later on, he succeeded in escaping from there.

(3.) CHARGE was framed against the accused for his trial foHhe offence under Sections 307, 324, IPC but he pleaded not guilty and claimed his trial.