SIYARAM SONI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant and Sri Ganesh Datt Bhatt, learned A.G.A. for the State and perused the record.

(2.) THE instant criminal appeal has been preferred by the appellant -Siyaram Soni challenging the judgment and order dated 08.07.2011 passed by learned Additional Sessions Judge, Court No.1, Sultanpur in Sessions Trial No.358 of 2008, relating to Case Crime No.1317 of 2005, under Sections 225 and 302 IPC whereby the appellant Siyaram Soni was convicted for the offence under Section 225 IPC and was sentenced to undergo rigorous imprisonment for a period of two years and also with fine of Rs.5000/ - with default stipulation of six months simple imprisonment and for the offence under Section 302 IPC he was further sentenced to undergo rigorous imprisonment for life and also with fine of Rs.10,000/ - with default stipulation of two years' additional simple imprisonment. However, he was acquitted of the charge under Section 307 IPC.

(3.) IN this case, FIR was lodged by the police constable Nand Lal on 29.09.2005 at 23:45 hours at Police Station Kotwali District Sultanpur, alleging therein that on 29.09.2005 the complainant was on duty with constable Badey Lal Tiwari (deceased) of this case. On the said date, they had taken accused Sultan son of Ram Dhani Kori from District Jail, Sultanpur to the court of C.J.M., Pratapgarh in connection with Case Crime No.1852 of 2005, under Section 394 IPC and Case Crime No.168 of 2005, under Sections 457, 380, 411 IPC, Police Station Kotwali, District Pratapgarh. After production of the said accused Sultan they were coming back by train alongwith accused Sultan. They reached railway station, Sultanpur and thereafter they were walking on foot towards district jail. When these persons reached under the over bridge near Vishwakarma temple at about 10.00 p.m. then all of a sudden Siyaram Soni (appellant) son of Mahadev Soni r/o Lambhuwa Bazar, Police Station Lambhuwa, District Sultanpur reached there and he exhorted the accused Sultan who was in custody of the police constables to kill the police personnel. By the time the police personnel could estimate the situation then Siya Ram Soni gave blow with knife to the complainant and Sultan accused threw Constable Badey Lal Tiwari on the ground. Being injured the complainant constable Nand Lal fell on the ground then the appellant started giving blows with knife to Badey Lal Tiwari and Sultan accused caught hold of the complainant and after cutting the rope of the handcuffs both of them ran away from there. After getting the information from some person, the police personnel of outpost Ghabariya took the two injured for their treatment to District hospital where doctor declared Badey Lal Tiwari to be dead and complainant was admitted for his treatment. Constable Nandlal send written information of this incident to the police station. On the basis of his information the case was registered and investigation started. Inquest proceedings were conducted and the dead body of the deceased Badey Lal Tiwari was sent for post mortem which was conducted on 30.09.2005 at 9.30 a.m. and following injuries were found on his body. (a) Incised wound 0.2 cm x 0.5 cm x cavity deep in middle part of chest and upper border of sternum below 4 cm. (b) Incised wounds 0.5 cm x 0.3 cm x joint cavity deep traverse on the elbow joint on right side. The cause of death in the opinion of the doctor was shock and haemorrhage as a result of ante mortem injuries. In the internal examination the arota of right side was cut and right lung was also damaged.