GUDDU PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dtd. 5/9/2008 passed by the Additional Session Judge, Court No. 5, Sitapur in Session Trial No. 602 of 2006 (State Vs. Guddu Pal and Another) in Case Crime No. 168 of 2006, under Sec. 302 read with Sec. 34 I.P.C., Police Station - Ataria, District Sitapur thereby convicting and sentencing the appellants, under the aforesaid Sec. for life imprisonment and fine of Rs.10,000.00 each and in case of default of payment of fine additional six months rigorous imprisonment.

(2.) The First Information Report was lodged on 13/7/2006 by Pappu Pal at 12:30. The complainant stated in the F.I.R. that his wife Gudda had gone to her field on 13/7/2016 to weed out the peppermint crop and he was present in his house. At about 10:30 a.m., Guddu S/o Sohanpal, Lala @ Lalji S/o Gokaran Pal of his own village and another person came to the place of incident and they outraged the modesty of his wife and tried to commit rape with her. His wife made protest and ran away from the field while making alarm. All the three accused caught her and thereafter Guddu armed with Banka and Lalji with knife caused injury to her. On alarm being raised by his wife, he and his brother Ram Singh, Prakash Pasi S/o Lekhai and Raju S/o Mahesh Pasi and other witnesses came to the place of incident. Accused Guddu and Lalji along with a third unknown person ran away from the place of incident towards the west side of the village.

(3.) On the said application Case Crime No. 168 of 2006, under Sec. 302 I.P.C., Police Station Atariya, District Sitapur, was registered. The inquest was prepared and the Investigating Officer sent the dead body for post mortem. The Investigating Officer investigated the case and a charge sheet was filed under Sec. 302 I.P.C. against the accused after collecting the evidences. The case was committed on 26/8/2006 before the Sessions Court by the Chief Judicial Magistrate, Sitapur and thereafter the charges were framed under Sec. 302/34 I.P.C., which was denied by the accused. The post mortem report indicates three ante mortem injuries on the body of the deceased which follows as under: