SHIV CHARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant Shiv Charan against judgement and order dated 22/23-8-79 passed by the Ist. Addl, District and Sessions Judge, Bareilly convicting the appellant under Section 307 I.P.C. and sentencing him to undergo three years rigorous imprisonment.

(2.) The facts giving rise to this appeal are that Smt. Ram Shree is the daughter of the complainant. Smt. Sukh Dei, P.W. 1, and she is married to Shiv Charan, Appellant of this appeal. Mohan lal, P.W. 2, injured, is the brother of Smt. Sukh Dei and maternal uncle of Smt. Ram Shree. After the marriage of Ram Shree with the accused, Shiv Charan, he treated her cruelly as a result of which she came to the house of her mother prior to the occurrence. On 23-3-1978 at about 9 P.M. Smt. Sukh Dei, Smt. Ram Shree and Mohan Lal, injured, were present at the house of Smt. Sukh Dei in Kamla Colony, Civil Lines Bareilly. Shiv Charan, appellant, came there and he insisted that Smt. Ram Shree should be sent along with him, but she refused. The injured, Mohan Lal, P.W. 2 and Har Prasad, P.W. 3, who were present there, told the appellant if Smt. Ram Shree was not prepared to go why he was insisting for taking her forcibly. The appellant Shiv Charan became annoyed and he tookout a Chhuri and told Mohan Lal that he would finally decide the matter on that day and caused injuries to Mohan Lal with that Chhuri. Then Mohan Lal, injured, was taken to Mission Hospital, Bareilly, where he was admitted and was medically examined. Smt. Sukh Dei got a first information report, Ex. Ka 1 written by one Surajpal at the hospital and then filed the same at police station Kotwali at 10.45 P.M. on the same night. On the basis of that complaint a case was registered against the appellant. Then the Investigating Officer Sayed Waheed Uddin, P.W. 5, recorded the statements of the witnesses and prepared a site-plan, Ex. Ka. 4. He also prepared Fard, Ex. Ka. 5. After completing the investigation he submitted charge-sheet, Ex. Ka. 6.

(3.) The accused-appellant pleaded not guilty to the offence charged and claimed trial.