KANHAIYA RAIDAS Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT criminal appeal has been filed by Kanhaiya Raidas challenging the order of conviction passed by the learned Additional Sessions Judge, Court No.14, Lucknow in Sessions Trial No.752 of 2012 (State v. Kanhaiya Raidas and others) by wich the appellant was convicted in case under Section 308 IPC and was directed to undergo 4 years RI and also to pay fine of Rs.2000/ -. In default, he was directed to undergo one month's RI.

(2.) AS per factual matrix of the case, FIR was lodged by Guddu Son of Jaswant in police station Banthara, Lucknow on 2.4.2012 through a written report alleging that his niece Deepa was married with Kanhaiya Raidas three years prior to the incident. Today, on 2.4.2012, there were some talk about vidai of Deepa. During the course of talk, all of sudden, Kanhaiya Raidas started abusing Deepa and inflicted incised wound on the neck of Deepa by a knife. On this, a case under Sections 308, 504, 506 IPC was registered against Kanhaiya Raidas, Sukh Lal and Malti mother of Kanhaiya Raidas. After investigation, charge sheet under Sections 498 -A, 308, 323, 504, 506 IPC was submitted. After committal, the trial court framed charges under Sections 498 -A, 308 read with Section 34, 323 read with Section 34, 504, 506 IPC. The accused persons pleaded not guilty and claimed to be tried.

(3.) THE prosecution examined PW -1 Guddu, PW -2 Smt. Anita, PW -3 Shivpata, PW -4 Dr. V.K.S. Chauhan, PW -5 Smt. Deepa, PW -6 Constable Arun Kumar Awasthi, PW -7 Daya Nath, Sub Ispector, PW -8 Dineshwar Pandey, S.S.I. The statement of the accused was recorded under Section 313 Cr.P.C. In which he has denied his involvement in the occurrence. Two witnesses Akhilesh and Jaswant Raidas were examined by the defence as DW -1 and DW -2.