DEVENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 08.04.2003 passed by Additional Sessions Judge, Fast Track Court No.1, Farrukhabad in S.T. No. 257 of 2001, under sections 302, 504 IPC, Crime No. 82/2001, P.S. Shamshabad, District Farrukhabad, whereby both the appellants have been found guilty under section 302 and 302/34 IPC respectively and each of them had been sentenced to imprisonment for life and fine of Rs. 2,000.00 with default stipulation. However, appellant Devendra Singh @ Chhotey u/s 25 Arms Act and Smt. Kanti Devi u/s 504 IPC have been acquitted.

(2.) THE broad essentials of the case as borne out from the FIR and the evidence adduced in the trial Court are that on 07.05.2001 at 2.20 P.M. Samendra Singh s/o Saudan Singh, resident of village Murathi, P.S. Shamsabad submitted a written report scribed by Arvind Kumar s/o Brij Mohan Singh in P.S. Shamshabad, wherein he stated that Smt. Kanti Devi w/o Late Hakim Singh is living as keep with co-villager Devendra @ Chhotey s/o Atar Singh along with her children and today i. e. 07.05.2001 in the morning there was scuffle between his five years' old son Upendra and Raju d/o Kanti Devi aged about 13-14 years and he rebuked both of them. At about 2.00 P.M. he along with his brother Suresh Chandra, mother Smt. Ganga Devi, sister-in-law Smt. Kusma Devi was going to see off sister Krishna Devi. There is a Devi Ji's temple near the house of Devendra Singh and when after Darshan in the temple they were leaving, Kanti Devi started abusing them saying that they have beaten her daughter and she would settle with them today. Smt. Kushma Devi, sister-in-law of the complainant protested on her abuses whereupon Kanti Devi accosting her said 'Devendra, kill her, she should not go back alive'. On this exhortation Devendra came out from the house having country made pistol in his hand and in order to kill, fired shot on Kusma Devi. After sustaining injury she fell down and on commotion Ram Chahete s/o Ram Dularey, Ranvijay Singh s/o Ameer Singh and several other villagers arrived there and both the accused made their escape good towards Pasiyapur. Along with his injured sister-in-law the complainant reached at the police station and submitted his written report, on the basis whereof a case at crime no. 22/2001, under sections 307, 504 IPC was registered at police station. The investigation was entrusted to S.I. R. C. Dixit who interrogated the complainant. Injured Smt. Kusma Devi along with Constable Alim Khan was sent for medical examination. Dr. Umesh Chandra Sachan PW-3 conducted medical examination of Smt. Kusma Devi on 07.05.2001 at 3.30 P.M. in Govt. Hospital, Farrukhabad and he has noted the following injury in medico legal report Ex. Ka-2 of Smt. Kusuma Devi:

(3.) AFTER committal of the cases they were tried together by the court of Session. Charge for the offence punishable under section 302 IPC and separate charge under section 25 of Arms Act was framed against the accused Devendra Singh @ Chhotey while Smt. Kanti Devi was charged for the offence punishable under section 302/34, 504 IPC. Both the accused persons abjured the guilt and claimed trial.