SANTRAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Raj Kumar Sharma, learned amicus curiae for the appellant and Shri S.K. Ojha, learned A.G.A. for the State.

(2.) The present jail appeal has been filed against the judgment and order dtd. 27/2/2019 passed by Additional Sessions Judge, Meerut in Session Trial No. 277/2017, crime No. 390/2016, under Ss. 452/307/504/506 I.P.C., P.S. Hastinapur, District Meerut whereby the appellant has been convicted under Ss. 307 I.P.C. to undergo seven years simple imprisonment with a fine of Rs.2000.00, under Sec. 452 I.P.C. to undergo two years of simple imprisonment with a fine of Rs.1000.00, under Sec. 504 I.P.C. to undergo two years of simple imprisonment with a fine of Rs.1000.00 and under Sec. 506 I.P.C. to undergo two years of rigorous imprisonment with a fine of Rs.1000.00, with default provisions.

(3.) The prosecution case as per the written report is that the brother-in- law of Raju son of the informant Kanwar Pal came since few days to do the agricultural work. Santram (accused-appellant) who is from the village of the informant and is a scoundrel person by threatening to Raju, he used to take money for drinking liquor. Today on 21/10/2016 in the evening Santram demanded money for liquor and when Raju did not gave money, then Sant Ram threatened him to teach a lesson. After sometime at around 6:20 PM, Raju, the complainant and his son Kanwar Pal were talking inside the house, then Sant Ram came abusing inside the house with a knife in his hand forcibly and by telling that he will not leave Raju alive today, he after catching hold of Raju with an intent to kill attacked from knife in his abdomen. In a pursuit to save by the complainant, the second blow was inflicted by the appellant in the stomach of Raju and as a result thereof his intestine came out. While raising alarm, the complainant tried to catch, the accused Santram turned and ran hurriedly and in this process, in the iron gate his head crushed, still he ran away. Raju was taken from ambulance. After this a written report given by the complainant Vijay Pal and on the basis of that chik F.I.R. was registered on the same day.