RIZWAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The instant criminal appeal, under section 374 (2) Criminal Procedure Code , 1973 (hereinafter referred to as ''Code'), has been filed against the judgment and order dated 29.3.2018, passed by learned Additional Sessions Judge, Court No.1, Kheri in Sessions Trial No.793 of 2012, arising out of case crime no.1787 of 2012, under Section 307 and 326 IPC, police station (in short P.S.) - Kotwali Sadar, District- Lakhimpur Kheri, whereby the accused-appellant Rizwan (hereinafter referred to as ''Appellant') has been convicted and sentenced for ten years' rigorous imprisonment and fine of Rs.7,500/- for offence under Section - 307 IPC and for rigorous imprisonment of ten years and fine of Rs.7,500/- for an offence under Section - 326 IPC . All the sentences were directed to run concurrently.

(2.) Prosecution case, in brief, is that a written information (Ext. Ka-1) was filed by Pramod Kumar Verma (PW-1), son of Bhagauti Prasad, resident of village Bechepurwa, Hamlet Maksoha, P.S - Kotwali Sadar, District - Kheri on 04.9.2012 at about 09:30 a.m. at police station (in short P.S.) Kotwali Sadar, District - Kheri, mentioning therein that his daughter Kumari Rekha (PW-2) aged about 17 years was going on 04.9.2012 at about 08:00 a.m., to her school Sharda Nagar when on the way to her school appellant intercepted and asked her to follow him. It is further stated that when she (PW-2) denied to follow the appellant, he attacked on her with knife and caused severe injury to her whereupon she fell down at the place of occurrence. On being informed by someone, he (informant) rushed to the place of occurrence with his wife Rinki Devi (PW-3) and one Sushil Kumar (PW-4) and found that his daughter (PW-2) was groaning in pool of blood and appellant was causing injuries with knife. It is further stated that upon seeing the informant and other witnesses the appellant escaped from the place of occurrence throwing the knife.

(3.) Upon the said written information (Ext. Ka-1) FIR, chik report (Ext . Ka-2) was prepared; information was entered in G.D. report no.25 (Ext. Ka-3) at 09:30 a.m. and case crime no.1787 of 2012 was registered against the appellant. Investigation of the said case was handed over to S.I. Ram Swarth and Kumari Rekha Verma (PW-2) was sent to District Hospital Lakhimpur Kheri for her medical examination. She (PW-2) was examined by Emergency Medical Officer, District Hospital, Lakhimpur- Kheri on 04.9.2012 at 09:50 a.m. who noted the following injuries on her (PW-2) body and prepared injury report (Ext Ka-5) :-