GOVIND KUMAR KUREEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Swetashwa Agarwal, learned counsel appearing for the appellant as Amicus Curiae and learned A.G.A.

(2.) This jail appeal has been filed against the judgment and order dtd. 19/7/2018 passed by the Additional Sessions Judge, court no.17, Kanpur Nagar arising out of case crime no.97 of 2011 for offence under Ss. 308, 323, 504, 506 IPC Police Station Bidhnu, District Kanpur Nagar convicting the appellant (accused) under Sec. 308 IPC and sentencing him to undergo rigorous imprisonment for four years and imposing a fine of Rs.20,000.00 and in default of payment of fine, three months simple imprisonment.

(3.) In brief the prosecution case is that an application written by Raj Karan under the thumb impression of victim/informant Sarita dtd. 5/3/2011 was given at Police Station- Bidhnu alleging therein that " applicant- Smt. Sarita is the wife of Govind Kureel resident of Pahadpur- Tulsinagar. In the night of 4/3/2011 in between 11:00 to 12:00 O'clock my husband suddenly attacked me while I was sleeping and assaulted me with lathi-danda, bricks and kick and punches, due to which I suffered grievous injuries and thereafter he went away threating me and locking my room from outside. On the aforesaid, application case crime no.97 of 2011 under Ss. 323, 504, 506, 308 IPC was registered and the investigation commenced. The Investigating Officer, visited the place of occurrence from where he took one blood stained piece of brick and sealed it, he also collected blood stained and unstained soil from the place of occurrence and sealed it and prepared the memo and site plan, recorded the statements of scribe victim/ complainant and other witnesses and after completion of the investigation, submitted the charge-sheet under Sec. 308, 323, 504, 506 IPC.