ARVIND Vs. STATE OF U.P.

JUDGEMENT

(1.) Present Criminal Appeal is directed by the appellant Arvind @ Munnu against the judgment and order dated 16.12.2010 passed by the Additional Sessions Judge, Court No. 10, Muzaffar Nagar in Sessions Trial No. 1847 of 2007 (State Vs. Arvind alias Munnu) pertaining to crime no. 1434 of 2007, Police Station Kotwali Nagar, district Muzaffar Nagar whereby the court below has convicted and sentenced the accused appellant for the offence under Section 307, 384 and 506 IPC, for the offence under Section 307 IPC to undergo 10 years rigorous imprisonment and a fine of Rs. 10,000/- and in default of payment of fine to undergo one year additional imprisonment, for the offence under Section 384 IPC to undergo 2 years imprisonment and for the offence under Section 506 IPC to undergo 2 years imprisonment.

(2.) Prosecution story in nutshell as unfolded in the chik F.I.R. is as follows :

(3.) Written report (Ext. Ka.-1) dated 22.8.2007 was moved by the informant Dhan Prakash scribed by Ashwani Tyagi to the Police Station concerned mentioning therein that on 22.8.2007 his son Satish Tyagi was standing outside his house after taking meal. At about 8.30 P.M. Arvind @ Munnu Tyagi, accused came there and asked him to give Rs. 50 to take wine. Informant's son refused the request. Feeling annoyed accused Arvind @ Munnu took out knife from pocket and told that how dared you to refuse and immediately inflicted knife injury in the abdomen of Satish Tyagi. The informant's son made hue and cry then Ali Hasan, Hemant, Rajat and other villagers came on the spot. Thereafter accused threatening to kill, ran away from the spot. Injured was taken to the hospital with the help of the villagers by the informant. Doctor referred the injured to the Meerut Medical College HoHoHospital. Informant came to the police station to lodge the F.I.R. after sending the injured with the help of the villagers to the Meerut Medical College