VISHRAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri S.C. Agnihotri, learned counsel for the appellant and Shri Sharad Dixit, learned AGA for the State respondent.

(2.) THIS criminal appeal has been filed by the appellant - Vishram Singh challenging the judgment and order dated 26.8.2002 passed by the learned Additional District and Sessions Judge, Sitapur convicting the appellant under Sections 324, 376 IPC and sentencing him to undergo 2 years RI and fine of Rs.1000/ - under Section 324 IPC, and in default to undergo further 3 months SI; and also to undergo 7 years RI and fine of Rs.5000/ - under Section 376 IPC, and in defaut to undergo further 1 year RI. All sentences to run concurrently.

(3.) THE prosecution matrix, in brief, is that the informant - Bharat, son of Mallar Yadav, resident of Village Dalel Nagar, Police Station Sidhauli, District Sitapur, lodged FIR on 3.4.1998, at about 1:00 AM, Village Dalel Nagar Majare Unchakheda, Police Station Sidhauli, District Sitapur alleging that the accused person along with Ram Kumar and one other person went to his house. Vishram Singh used to come his house. As Vishram Singh was relative of Gajodhar, therefore, he did not forbade him from coming his house. Vishram and his companion assaulted the informant by knife, lathi and danda. On alarm, raised by him and his family members, Awadhesh and Ram Asray of his village came there, then Vishram Singh and other fled away and abducted his daughter, who was aged about 25 years. He received injuries. On the basis of report, which is Ex.Ka.1, FIR under Sections 363, 366, 324 IPC was registered in Police Station Sidhauli, which is Ex.Ka.6. The investigation was entrusted to Sri Krishna Pal Singh, Sub Inspector, who recorded the statements of witnesses, and prepared the site plan as Ex.Ka.3. On 2.7.1998, at about 4:00 AM, Investigating Officer recovered the informant's daughter, and on 6.7.1998, her statement was recorded under Section 164 Cr.P.C. in the Court and she was handed over to the informant. The document prepared in this respect is Ex.Ka.4. After completion of investigation, charge sheet was submitted against the accused persons, which is Ex.Ka.5.