GULLI @ NAND KISHORE Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) As these two appeals arise out of a common judgment and order dated 16.02.2005 passed by Additional Sessions Judge/Fast Track Court No.11, Jalaun at Orai, in Sessions Trial No.111 of 2003 (State Vs. Gulli @ Nand Kishore and others), they are being disposed of by this common order.

(2.) By the impugned judgment, the Court below has convicted appellant Gulli @ Nand Kishore under Sections 323/34, 324, 325/34 and 302 of IPC and sentenced him to undergo three months imprisonment, with a fine of Rs.500/-, in default of payment of fine, 10 days simple imprisonment; one year imprisonment, with a fine of Rs.1,000/-, in default thereof, two months simple imprisonment; two years rigorous imprisonment, with a fine of Rs.1,500/-, in default thereof, four months additional simple imprisonment; and life imprisonment, with a fine of Rs. 10,000/- respectively.

(3.) As per prosecution case, Kiran Devi W/o of Ratan Kumar and sister-in-law of deceased Prem Narayan was having affair with the accused Gulli and the said relation was not liked by the deceased and he had shown his anger. Accused Gulli felt insulted because of this objection and on 18.03.2003, when PW-4 Durjan was returning to his house, at about 10.00 p.m, he was apprehended by the accused persons and was also subjected to abusive language. Seeing this, one Siya Sharan (not examined) informed PW-1 Surendra and PW-3 Prem Narayan about the said incident and it is said that Prem Narayan alongwith his wife Laxmi had gone to save his father. When Prem Narayan reached to the place of occurrence, he saw accused persons quarreling with his father. Prem Narayan intervened in the matter and it is said that accused Gulli caused axe injuries to him. Further case of the prosecution is that when PW-4 Durjan and PW-5 Laxmi also intervened in the matter, they were beaten by other accused persons by club and axe. According to prosecution case, number of villagers gathered there and saw the occurrence. On account of beating given to Prem Narayan by accused Gulli, he died at the spot itself.