RAM NARESH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Smt. Kalpana Singh learned Amicus Curiae counsel for the appellant and learned A.G.A. for the State.

(2.) The present appeal has been filed against the judgment and order dtd. 27/11/2015 passed by the Additional Sessions Judge, Court No. 2, Farrukhabad in Session Case No. 84/2011, "State Vs. Ram Naresh", arising out of case crime No. 396/2009, under Ss. 304 I.P.C. and Sec. 3/5 of Explosive Substance Act, Police Station Kamalganj, District Farrukhabad, whereby the appellant has been convicted under Sec. 304 I.P.C. and Sec. 3/5 of Explosive Substance Act of sentencing the appellant to undergo ten years of rigorous imprisonment with a fine of Rs.10000.00 under Sec. 304 I.P.C. and ten years rigorous imprisonment with a fine of Rs.5000.00 under Sec. 3/5 of Explosive Substance Act, with default provision in each of the offences.

(3.) As per the written report dtd. 15/7/2009, prosecution case is that the informant who was Chowkidar of the village on 30/6/2009, who went in his relation and had come back on that day, then he came to know that on 30/6/2009 at about 6:30 PM, Ram Naresh in the influence of liquor in his both hands was holding hand grenades which are used in marriages and are thrown on the surface, was threatening to crack the hand grenade while demanding money from his wife for drinking liquor. After refusal by his wife to pay money, he said that he will crack the hand grenade. His wife and son in order to avoid any incident tried to take grenades from him but due to negligence of Ram Naresh, both the grenades exploded, as a result thereof his wife and he himself got injured. The nearby relatives and neighbors got her admitted in the Ram Manohar Lohia Hospital and on the second day she died. Ram Naresh was still admitted in the hospital. This incident has happened due to the negligence of Ram Naresh. The written report dtd. 15/7/2009 was given to the police station and consequently chik F.I.R. was lodged on the same day i.e. on 15/7/2009 which is exhibited as Exh. Ka-10.