ASHOK KALYAN DASS Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has been preferred against order of conviction and sentence dated 27-5-1981 passed by Shri R. S. Nigam, VIth Additional Sessions Judge, Agra in Session trial No. 516 of 1980 by which the appellant Ashok has been convicted under Section 307 read with Section 34 I. P. C. and has been sentenced to undergo Rigorous Imprisonment for five years and also has been imposed a fine of Rs. 500/- and in default of payment of fine to further undergo Rigorous Imprisonment of three months.

(2.) After the appeal was filed by Shri B. N. Srivastava learned counsel for the appellant, the appellant was enlarged on bail. Since then, he is absconding. Letter was sent to Chief Judicial Magistrate, Agra to issue coercive process to procure the attendance of the appellant Ashok. The Chief Judicial Magistrate issued non-bailable warrant and later on process under Section 82 and 83 of Criminal Procedure Code. It was reported that Ashok had disposed of his property and left the address given in the memorandum of Appeal and he was not available at his address. Efforts for procuring the presence of Ashok having failed, the argument of learned AGA has been heard and the judgment is being delivered on merits.

(3.) According to prosecution, complainant Ram Babu carried a shop of general merchandize at the crossing of Bhogipura city, Agra in the year 1980. The accused Ashok used to purchase articles from his shop sometime on cash and sometime on credit. Therefore, the appellant accused was known to Ram Babu since before the occurrence. On 28-5-1980 at about 7.30 p.m. Ram Babu was busy at his shop. The appellant Ashok along with his three associates reached his shop and demanded Rs. 50/- on credit. Ram Babu expressed his unwillingness to advance the sum but the appellant insisted. On this Ram Babu said that he was demanding the money as if his father had kept it in his shop. On hearing this reply, the appellant and his other three associates became infuriated and said that the victim was using his father's name and as such they said "MAR DO SALEY KO - BAAP TAK PAUHANCHTA HAI". At this, Ashok struck knife in the stomach of the complainant and the two companions of the accused also inflicted injuries with their respective knives and the third companion struck iron rod which was lying near the 'bhatti' of the adjacent Halwai shop. After causing injuries, accused ran away towards Rai.Ki Mandi. Ram Babu got the F. I. R. Ex. Ka. 4 scribed by Ram Kumar and lodged it on the same day at about 7.45 p.m. at P. S. Shahganj. Place of occurrence was at a distance of half furlong from the police station. Ram Babu was medically examined by Dr. S. P. Mishra on 28-5-1980 at 8-15 p.m. at the District Hospital, Agra. After the Investigation, the appellant was charge sheeted under Section 307 read with 34 I. P. C. but rest were not charge sheeted.