KALA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Amit Kumar Mishra, learned counsel for the appellant, Sri H.M.B. Sinha, learned A.G.A. for the State and perused the record.

(2.) This criminal appeal has been filed against the judgment and order dtd. 28/10/2010 passed by Additional Sessions Judge, (F.T. Court No. 1) Bagpat in Sessions Trial No. 166 of 2007 (State of U.P. Vs. Kala @ Ankit), Case Crime No. 16 of 2007, under sec. 302/34 IPC, P.S. Baraut, District Bagpat. By the impugned judgment and order the learned trial court has convicted the appellant for offence under sec. 302/34 IPC and sentenced him to imprisonment for life and a fine of Rs.20,000.00 and in default of payment of fine imprisonment of six months.

(3.) The complainant Madan Singh gave an application dtd. 12/1/2007 at P.S. Baraut alleging therein that he is resident of village Luhara, P.S. Chhaprauli, District Bagpat and runs a medical store at his village. His son Badal aged about 18 years was studying in Priya Bharati School Baraut in class 12. He also used to sit at the medical store in morning and evening. On 2/1/2007 at about 7:00 P.M. his son was in the shop. Manish came to purchase some medicine. When his son asked for payment he refused to pay but his son took the price of the medicine. Manish left extending death threat. After this Manish once committed marpit for which he made a complaint to the family of Manish. On 12/1/2007, his son, Badal had come to Baraut to attend his college. At about 12:30 noon Manish and his friend Kala caught his son near C field Nehru Road and Kala inflicted knife blows on his head, neck and other parts of the body with intention to cause death. His son fell down on the spot. Deepak and Kripal who were with his son saw the incident and tried to catch them but, wielding the knife, the accused ran away towards the C-field. Kripal, Deepak and other boys Ankit, Puneet and Mohit took Badal to Akshaya Nursing Home but he died on the way. The complainant was at his medical store. Kripal Singh came there and informed him about the incident. The dead body of his son is kept in the nursing home.