NARPAT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant against the impugned judgment and order dated 19.1.2010 passed by the Additional District & Sessions Judge, Court No.-1, Basti in Sessions Trial No. 205 of 2001 (State of U. P. Vs. Narpat Singh) pertaining to crime no. 79 of 2001 Police Station Haraiya, district Basti whereby the court below has convicted and sentenced the accused appellant for the offence under Section 304 Part-II IPC to undergo rigorous imprisonment of 10 years and also the fine of Rs. 10,000/- was imposed. In default of payment of fine to undergo one year additional rigorous imprisonment.

(2.) Prosecution story in nutshell as enumerated in the written report (Ext. Ka-1) is as under :

(3.) Informant, P.W.-1 Dinesh Singh moved a written report (Ext.Ka-1) at the police station concerned on 10.3.2001 mentioning therein that on 10.3.2001 when he was returning from the market and was passing in front of the house of Chandrika Singh, he (Chandrika Singh ) objected him that you will not pass through this way. But the informant went to his house as usual from that passage. Chandrika Singh felt offended and after some time Narpat Singh son of Dev Dutt Singh, Chandrika Singh son of Deep Narayan Singh, Ram Laut Singh son of Shesh Dutt Singh and Sanjeev Kumar Singh son of Devta Singh came to his house and started abusing and damaging the tractor. Due to fear, informant and his family members went inside the house. Hearing the uproar Ram Rikhi Singh son of Mata Prasad Singh, Smt. Kalawati Devi wife of Mata Badal Singh and others came there. Thereafter informant's mother Smt. Singari Devi, aged about 64 years, came out from the house and objected the accused persons from damaging the tractor. On exhortation of Chandrika Singh and Sanjeev Kumar Singh, Narpat Singh caused "lathi" blow on the head of informant's mother. Consequently she fell down. Many people gathered there then accused persons fled away. The incident is of 1.30 P.M. Deceased was taken to P.H.C., Hariya but looking to the serious condition she was referred to the District Hospital, Basti for treatment. Deceased was taken to the Sadar Hospital by private Maruti car where she succumbed to her injuries. Dead body was lying in Sadar Hospital.