STATE OF U.P. Vs. BUDDHA

JUDGEMENT

(1.) This appeal has been filed under Sec. 374(2) Cr.P.C. against the judgment and order dtd. 24/1/2020 passed by the IVth Additional District and Sessions Judge/Special Judge/E.C. Act, Lucknow in Sessions Trial No.471 of 2010, arising out of Case Crime No.577 of 2009, under Ss. 302/34, 307/34, 323/34, 452/34 I.P.C. and in Sessions Trial No.472 of 2010 arising out of Case Crime No.580 of 2009, under Sec. 3/25 Arms Act, Police Station Malihabad, District Lucknow, whereby the appellant was convicted and sentenced under Sec. 302/34 I.P.C. to death sentence and fine of Rs.25,000.00 and in default of payment of fine to undergo simple imprisonment of one year, under Sec. 307/34 I.P.C. to rigorous imprisonment of ten years and fine of Rs.10,000.00 and in default of payment of fine to undergo simple imprisonment of additional six months, under Sec. 323/34 I.P.C. to simple imprisonment of one year, under Sec. 452/34 I.P.C. to rigorous imprisonment of seven years and fine of Rs.5,000.00 and in default of payment of fine to undergo simple imprisonment of additional three months, under Sec. 3/25 Arms Act to rigorous imprisonment of two years and fine of Rs.2,000.00 and in default of payment of fine to undergo simple imprisonment of additional one month.

(2.) As per prosecution case, complainant - Rakesh Kumar lodged report at 4.50 A.M. on 12/12/2009. The complainant stated in the F.I.R. that at about 2.00 A.M. in the night of 12/12/2009 his mother Smt. Sursati, wife of late Sukru, nephew Suraj, aged about 10 years and niece Shivangi, aged about 8 years, were sleeping inside the house and the complainant was also sleeping beside them. The brother-in-law of complainant - Buddha, son of Galhu Raidas, resident of Village Raja Kheda, Police Station Mall, was married to the complainant's sister Deshpati prior to 10 years, but there was no cordial relation between them that is why Dehspati was married to Panchram, resident of Village Vilauli Fatehpur, Police Station Barabanki. She had come to meet the family members on Sunday and after meeting them she returned back. Buddha had enmity with the family and he entered into the house along with his two companions and he killed complaint's mother Sursati, nephew Suraj by using sharp-edged weapon and caused serious injuries on his niece Shivngi. Buddha and his companions assaulted the complainant and ran away from the place.

(3.) On the basis of written Tahrir, the report was lodged against the accused-Buddha and the Investigation Officer, Chandra Bhan Yadav investigated the case and after recording statement the charge sheet was filed in the Court under Ss. 302, 307, 323, 452 I.P.C.