KAMLESH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374 (2) Cr. P.C. has been preferred by appellant Kamlesh, son of Jagat against the judgment and order dated 2.8.1997 passed by V Additional Sessions Judge, Sitapur in S.T. No. 286/92, Case Crime No. 31/90 convicting and sentencing the appellant under Section 324 I.P.C., for a period of one year' R.I.

(2.) BRIEFLY stated, the prosecution case is that complainant's husband Kamlesh son of Jagat Narain, resided at Jogi Tola, Kasba and P.S. Khairabad, district Sitapur. Complainant Smt. Rani, her husband and her younger sister Chutkani on 11.3.90 at 11 a.m., were returning back to their home after visiting 'Misrikh Mela', when they reached near village Chitrehta, she expressed her wish to visit her parent's place. The husband of the complainant turned down her wish and said that they would go to Khairabad. He got angry on his wife's repeated demand and started abusing. He became so angry that he inflicted knife blows. On being injured, wife and her younger sister Chutkani raised alarm, some of the villagers of Chitrehta reached at the spot, appellant Kamlesh left his wife and fled way. Family members of injrued Smt. Rani on receiving the news of the incident, also reached at the spot; she narrated the whole incident and got the written report, Exh. Ka -1 prepared by Sri Krishna and on the basis of which chik F.I.R., was written at P.S. Machhretta as Case Crime No. 31/90 under Section 307 I.P.C.

(3.) THE case was committed to the court of Sessions on 27.2.93. Charges were framed on 24.2.94 under Section 307 I.P.C. Accused denied the charges and claimed to be tried.