LAL BAHADUR PATEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Criminal Appeal No. 437 of 2017 has been preferred by the convict/appellant Lal Bahadur Patel, Criminal Appeal No. 657 of 2017 has been preferred by the complainant-Lal Singh Patel and Government Appeal No. 1000163 of 2017 has been preferred by State-appellant against the judgment and order passed by Additional Sessions Judge/Fast Track Court, Pratapgarh in Sessions Trial No. 26 of 2014 (State Versus Lal Bahadur Patel and others) arising out of Case Crime No. 62 of 2013, under Ss. 302/34, 120-B and 506 of the Indian Penal Code, 1860 (in short "I.P.C"), Police Station Manikpur, District Pratapgarh, wherein trial Court convicted the appellant Lal Bahadur Patel, under Ss. 302 IPC and acquitted co-accused Vimal Kumar Patel and Smt. Ramkali, under Ss. 120-B and 506 IPC.

(2.) Necessary facts for disposal of these appeals in short are as under:- A First Information Report (in short F.I.R.) was registered at Case Crime No. 63 of 2013, under Ss. 302, 120-B and 506 IPC at Police Station Manikpur, District Pratapgarh on 17/7/2013, on the basis of written report submitted by the complainant Lal Singh Patel. It was narrated in the written report that the father of the complainant was employed in Indian Railways at the post of Class IV. He died during his employment. His elder brother namely Lal Bahadur Patel had developed animosity towards his mother for division of money on the behest of his in-laws. Before two days of incident Ram Kali (mother-in-law) came to his house and threatened to kill his (complainant's) mother. On 17/7/2013 at about 10 A.M., when his mother, sister-in-law Rekha Devi and sister Anita went to spread manure in the agricultural field, Lal Bahadur Patel and his brother-in-law Vimal Kumar Patel reached there. Lal Bahadur Patel was armed with Axe and he on exhortation of Vimal Kumar Patel assaulted his mother on her head. His sister-in-law and sister raised alarm, then the complainant reached at the spot and found her mother ensanguined (Lahu-luhaan). He carried his mother to the Government Hospital, Kunda by Government Ambulance (108) but due to severe injury, she was referred to Swaroop Rani Hospital, Allahabad, where she died during the course of treatment. The complainant reached at the Police Station and lodged the F.I.R.

(3.) After investigation charge-sheet was submitted against the convict/appellant Lal Bahadur Patel and Vimal Kumar Patel, under Ss. 302 and 506 IPC and against Ramkali under Ss. 302, 120-B and 506 IPC. The Magistrate concerned took cognizance of the offence and committed the case for trial to the Sessions Court. The Sessions Court framed the charges against Lal Bahadur Patel and Vimal Kumar Patel under Sec. 302 read with Sec. 34 IPC and against Ramkali under Ss. 120-B and 506 IPC. All the accused persons denied the charges and claimed to be tried.