FIROZ Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant against the judgment and order of Additional Sessions Judge, Court No. 8, Bulandshahr passed on 17/10/20219 in Session Trial No. 257 of 2018 (State of U.P. Vs. Firoz) arising out of Case Crime No. 519 of 2017, under Sec. 302 I.P.C., Police Station- Aurangabad, District- Bulandshahr by which learned trial court convicted and sentenced the appellant for seven years rigorous imprisonment and Rs. 3000.00 fine (Three months rigorous imprisonment in default of fine) under Sec. 304 Part (2) I.P.C.

(2.) The brief facts of the case are that the complainant Munna submitted written report at Police Station- Aurangabad, District- Bulandshahr on 3/10/2017 stating that on that day at about 3:00 p.m. his wife Akbari and his son Firoz were in the house. Firoz was asking money from his mother Akbari then Akbari said that she had no money for his 'Awaragardi'. On refusal Firoz started 'Maar-peet' with his mother Akbari due to which Akbari died. Her dead body is lying in the house.

(3.) On the basis of above report the Case Crime No. 519 of 2017 was registered at Police Station- Aurangabad, District- Bulandshahr under Sec. 302 I.P.C. After investigation, Investigating Officer submitted charge sheet under Sec. 302 I.P.C. Learned trial court framed charge under Sec. 302 I.P.C. against the appellant Firoz and he was put on trial. After trial learned trial court found offence under Sec. 304 Part (2) I.P.C. proved and appellant was convicted and sentenced under Sec. 304 Part (2) I.P.C. for seven year. Hence this appeal.