RAM SARAN Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT criminal appeal has been filed by Ram Saran, challenging the judgment and order dated 05.03.2004 passed by Addl. Distt and Sessions Judge, Hardoi/Fast Track Court No. 5, Hardoi in Sessions Trial No. 769 of 1999, Crime No. 34 of 1999, under Section 307/34, 326/34, 504 & 506 IPC, P.S. - Baghauli, District -Hardoi by which applicant -Ram Saran was convicted under Section 307/34 and 326/34 IPC and was directed to undergo 10 years rigorous imprisonment and to pay Rs. 5,000/ - as fine in each sections. He was further directed to undergo rigorous imprisonment of one year for default of payment of fine in each sections.

(2.) AS per prosecution version, a first information report was lodged by one Dhiraj Shukla in Police Station - Baghauli, District - Hardoi on 01.04.1999 at about 16.00 hours alleging that Ram Saran, son of Ram Dayal had picked pocket of a person and stolen Rs. 1,000/ - while travelling in the bus. When Tinshu Shukla @ Rajiv Shukla came to know, he rebuked Ram Saran. On this enmity, on 31.03.1999, when his elder brother Rajiv Shukla was going to board the bus for Hardoi, at about 02.00 pm in front of the house of Braj Kishore, Navnit exhorted Ram Saran with Banka in his hand assaulted his elder brother with the intention to kill. On alarm, Nathu lal (son of Rameshwar) and Prem Shankar (son of Shiv Ratan), Kailash (son of Ram Bharose) rushed towards them to intervene then Ram Saran and Navnit fled away abusing and threatening. He took his brother to district hospital, Hardoi. The Doctor of district hospital, Hardoi referred his brother to Medical College, Lucknow. It was further mentioned that by assault, index finger of left hand of his brother was severed and also received injury on his left palm. On this allegation, a case under Section 307, 326, 504, 506 IPC was registered and after investigation, chargesheet in the same sections was submitted. After committal, charge under Section 307/34, 306/34, 504, 506 IPC was framed. Accused pleaded not guilty and claimed trial.

(3.) IN order to prove the case, prosecution examined P.W. 1 -Dhiraj Shukla, P.W. 2 -Shrawan Kumar, P.W. 3 - Rajiv Shukla (the injured), P.W. 4 - Nathu Lal, P.W. 5 - Dr. C.P. Rawat (Senior Medical Officer), District hospital, Hardoi and P.W. 6 - Madan Mohan Upadhyaya.