SUNIL PRAKASH GAUR Vs. STATE OF U.P

JUDGEMENT

(1.) The Present Criminal Appeal has been preferred to set-aside the judgment and order dtd. 23/8/2002, passed by Additional Sessions Judge, Court No. 10, Allahabad in Session Trial No. 259 of 1996 (State Vs. Sunil Prakash Gaur), by which the trial court convicted the appellant under Sec. 307 of I.P.C. and sentenced him under Sec. 307 of I.P.C., to undergo five years rigorous imprisonment with fine of Rs.1,000.00, and in default of payment of fine, three months rigorous imprisonment.

(2.) Brief facts of the case are that the first information report dtd. 23/12/1992 was lodged by Junior Engineer of Jal Nigam at 02:45 P.M. stating that at about 01:45 P.M. on the same day, the appellant came to his office with an open can of kerosene oil and asked to prepare his salary. The first informant told him that his salary has been paid for the period he has worked. After hearing these words, the appellant poured kerosene oil upon the first informant and threatened him with dire consequences. He also threw a burning match stick upon the first informant but the first informant fled away from the spot and saved himself. On commotion, R.K. Gupta, R.P. Sharma, Radheyshyam and Indra Mani Tiwari, reached at the spot. Police picket also reached there and brought the appellant to the police station. After completion of investigation, charge sheet was submitted against the appellant and the appellant denied the charge and claimed trial.

(3.) In order to prove the prosecution case, four witnesses have been examined; PW-1 Pramod Kumar Singh (first informant), PW-2 Radheyshyam Mishra, PW-3 Indra Mani Tripathi and PW-4 S.I. Gorakh Nath Rai. After examining the prosecution witnesses, statement of the appellant was recorded under Sec. 313 of Cr.P.C., wherein he stated that the prosecution evidence is false and he has been falsely implicated in the present case due to enmity. The appellant has filed attested copy of the judgment and order dtd. 28/3/2001 passed in Criminal Case No. 4793 of 1999 (State Vs. Sunil Prakash Gaur) under Ss. 353, 504, 506 of I.P.C. passed by Special Chief Judicial Magistrate, Allahabad. The appellant did not adduce any other oral or documentary evidence.