RATI PAL PASI Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 374 (2) Cr.P.C. against the judgment and order dtd. 19/1/2006 passed by Additional Sessions Judge/F.T.C. Vth, Sultanpur in Sessions Trial No. 13 of 2004 arising out of Case Crime No. 389 of 2003, U/s 323,302,504 IPC relating to Police Station- Kamrauli, District- Sultanpur, convicting and sentencing the appellant for the offence under Sec. - 304 (Part II) of I.P.C. for five years rigorous imprisonment; under Sec. 323 IPC for three months rigorous imprisonment; and under Sec. 504 IPC for six months rigorous imprisonment.

(2.) The prosecution, in brief, is that on 2/11/2003 at around 08.22 pm, the complainant gave oral information with the allegations that his daughter Smt. Babli was married to the son of the accused Rati Pal. When the accused Rati Pal arrived at the house of the complainant for Bidai of Smt. Babli, the altercation started. Due to this, the accused Rati Pal started hurling abuses and beat the complainant Ujagar and his daughter Smt. Babli by means of danda, as a result of which they got injury. On the basis of oral information, the N.C.R. bearing No. 11/2003 was lodged on 2/11/2003 U/s 323,504 IPC and majroobi letter was prepared in police station and the injured Ujagar and Babli were sent to the Community Health Centre, Jagdishpur for medical examination. Due to seriousness of injury, the injured Ujagar was referred for Lucknow Medical College for further treatment. When the complainant could not be admitted in medical college, then he was admitted in Nishat Hospital, Lalbagh, Lucknow where he had undergone treatment for six days. Thereafter he was discharged but he succumbed to death on the way to his house. Then a written information regarding death of the deceased Ujagar was given by his brother namely, Jagai at PS- Kamrauli. Thus, the aforesaid NCR was converted as case crime No. 389 of 2003, U/s 323,504,304 IPC.

(3.) Investigation of the case was entrusted to the investigating officer. During course of investigation, the inquest report of the deceased as well as papers relating to the dead body was prepared. Thereafter the dead body of Ujagar was sent for post mortem. The post mortem of the deceased was conducted by Dr. Vijay Bahadur Singh on 12/11/2003.