BABU Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of this appeal, the appellant-Babu has challenged the Judgment and order dtd. 2/5/2013 passed by Court of Additional Session Judge, Court No.5 Badaun in Session Trial No.147 of 2011 arising out of Case Crime No.1002 of 2010 under Sec. 304 Part I read with Sec. 34 IPC along with joint trial of Session Trial No.148 of 2011 arising out of Case Crime No.1012 of 2012 (State Vs. Babu) under Sec. 4/25 of Arms Act, Police Station- Kotwali Badaun, whereby the accused-appellant was convicted under Sec. 304(i) read with Sec. 34 IPC and under Sec. 4/25 Arms. The accused was sentenced for life imprisonment and fine of Rs.20,000.00 for offence under Sec. 304 Part I IPC and three months imprisonment in default of payment of fine under Sec. 304 Part I IPC. The accused was sentenced for three years with fine of Rs.2,000.00 and one month imprisonment for default of payment of fine under Sec. 4/25 Arms Act.

(2.) The brief facts of the case as culled out from the record and proceedings and the FIR are that a first information report was lodged by complainant Kamlesh averring that on 20/4/2010 she was returning home with her mother Rani after purchasing the vegetables and when they reached near Balmiki Pulia at about 6:00 pm, Babu son of Amar Singh and Munna Son of Kanhai came from behind. Babu put his hand on the shoulder of her mother, her mother gave a jerk and moved ahead, which annoyed Babu and he drove out a knife from his clothes and stabbed her mother in the abdomen. Both the accused ran away. There were other persons who are named in the FIR who are present. Along with other persons she took her mother to the hospital but she breathed her last.

(3.) S.I. Ram Kishore Singh tookup the investigation into motion, visited the spot, prepared site plan, recorded statements of the prosecutrix and witnesses and after completing investigation submitted charge sheet against the accused.