ANKUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 01.08.2012 passed by learned Additional Sessions Judge, Court No.4, Unnao in Sessions Trial No.283 of 2011 arising out of Case Crime No.3774 of 2010, whereby the appellants -Ankur Singh and Kalloo Singh were tried for the offences under Sections 306, 323/34, 504, 506 IPC, Police Station Kotwali Unnao, District Unnao. However, they were acquitted of the charge for the offence under Section 306 IPC and were convicted for the rest of the offences. For the offence under Sections 323/34 IPC they were sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs.500/ - with default stipulation of one month imprisonment. For the offence under Section 504 IPC they were sentenced to undergo imprisonment for a period of one month with fine of Rs.400/ - with default stipulation of 15 days imprisonment. For the offence under Section 506 (2) IPC they were sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.1000/ - with default stipulation of two months' additional imprisonment. All the sentences were directed to run concurrently.

(2.) BOTH the appellants are real brothers.

(3.) BRIEF facts necessary for the disposal of the present appeal are that on 23.06.2010 at about 8.30 a.m. the deceased, who happens to be nephew of the complainant, was going on his duty. When he reached railway station "Ajgain" then the appellants, who were present at the railway station, met him and started abusing him and caused him injuries. Meanwhile, the complainant also reached there and the other persons present there rescued the injured. Meanwhile, Sriniwas brother of the injured also reached there and saw injuries on the body of the Rajan. At that time Ankur Singh and Kalloo Singh were extending threats of dire consequences. The complainant and his brother took Rajan to police station. The appellant Kalloo Singh insulted Rajan even at the police station but the police took no action. Feeling insulted by this incident and also by inaction of the police, Rajan committed suicide at 6.15 p.m. by jumping infront of a train. The information of the death of Rajan was given by the porter Sunder Lal at the police station and on the basis of this information, inquest proceedings were conducted on 23.06.2010 at 21:15 hours. The FIR of this case was lodged subsequently on 24.06.2010 at 9.30 a.m. Investigation revealed that the deceased Rajan had affairs with the sister of the appellants and the appellants asked him to remain away from their sister and because of this they have committed this incident. Feeling insulted thereby, the deceased committed suicide. It was also the case of the prosecution that at the time of inquest one suicide note of the deceased and one love letter were recovered from the person. Suicide note has been proved by the prosecution during trial. On the basis of this evidence, the charge -sheet was filed against the appellants under the aforesaid sections.