HARI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Hemendra Pratap Singh, learned counsel For the Appellant , learned A.G.A. for the State, Mr. Ratan Singh and perused the record.

(2.) The present Criminal Appeal under Sec. 374(2) of the Criminal Procedure Code has been filed by the appellant against the judgment and order of conviction dtd. 27/3/2008 passed by learned Additional District and Sessions Judge, Fast Track Court No.2, Hathras in S.T. No. 91/1999, State vs. Hari Singh @ Hari Shankar, under Sec. 304 IPC, Police Station Sikandra Rau, District Hathras whereby the appellant has been convicted under Sec. 304 IPC and sentenced to imprisonment for life with a fine of Rs.5000.00 and in case of default in payment of fine, to undergo further imprisonment of two months.

(3.) Briefly stated the first informant, Ajay Muni lodged an FIR under Sec. 308 IPC at Police Station Sikandra Rau, District Hathras stating that the appellant Hari Singh a local villager had committed theft, for which he was prosecuted by the first informant. In retaliation to that incident, on 1/11/1998 at 5:45 am while the first informant was on his way to perform pooja at Hanuman Garhi and reached the road cross, the appellant Hari Singh who was ambushed there, shouted that today he would teach him a lesson and assaulted the first informant with a Farsa causing him serious injuries. When the first informant raised an alarm, Jayanti S/o Goverdhan Singh and Dinesh Kumar S/o Ajay Pal Singh, reached the spot but the appellant Hari Singh fled away.