BANTU LALA Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. Rajiv Dubey, learned counsel for the appellant, Ms. Ruhi Siddiqui, learned A.G.A. for the State were heard at length.

(2.) Under challenge in this appeal is the judgment and order dated 18.9.2010 passed by learned Sessions Judge, Lakhimpur Kheri in Sessions Trial Nos. 13 of 2008 and 14 of 2008 arising out of Case Crime No. 2438 of 2007 and 2439 of 2007 Police Station Kotwali Lakhimpur District Kheri whereby sole appellant Bantu Lala was convicted for the offence under Sec. 302 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 1,000/ - with default stipulation of ten days simple imprisonment. For the offence under Sec. 506 I.P.C., he was convicted and sentenced with rigorous imprisonment for a period of two and half year and for the offence under Sec. 4/25 of the Arms Act, he was convicted and sentenced with rigorous imprisonment for a period of one year and also with fine of Rs. 500/ - with default stipulation of five days simple imprisonment. All the sentences were directed to run concurrently.

(3.) In brief the case of the prosecution was that complainant Pratap Gupta, who happens to be the husband of the deceased lodged an F.I.R. On 23.5.2007 at 13:14 a.m. alleging therein that his wife was having friendship with appellant Bantu Lala. Few days prior to this incident some dispute arose between them. On 23.5.2007 in the morning at about 11:00 a.m. his wife told the complainant that she is going to take medicines. Since the complainant had also to go to his tea shop, so he was also going behind his wife. Near Durbal Ashram, the complainant saw Chhotali and his sister Suman coming from the otherside so he stopped near the house of Dixit. They started talking with each other. In the meantime, at about 11:45 a.m. his wife cried for her rescue and said that Bantu Lala is killing her. Hearing the cries of his wife, the complainant and other two persons went towards the place then they saw that towards east of the house of Dixit and towards west of Krishak Samaj Inter College on Kachcha Road, the appellant was giving repeated blows of Chhura to his wife. His wife succumbed to the injuries. When the complainant made an effort to catch hold of appellant Bantu Lala then he hurled the Chhura and threatened him with dire consequences. So these persons, in order to save their lives, started running. Because of this incident, the persons, who were present there started crying and the persons closed the doors of their houses. The complainant was going to Kotwali but near the Durbal Ashram, he saw two constables then he informed them about the incident. They went to the place of occurrence and the complainant went to the police station and got the F.I.R. of this case scribed by Ashok Kumar Mishra son of Mata Prasad Mishra and lodged the same. On the basis of this F.I.R., the case was registered and investigation proceeded and the place of occurrence was inspected. Site plan was prepared. From the place of occurrence, seven shoes/chappals were recovered and its memo was prepared. Inquest proceedings were conducted and the dead body of the deceased was sent for postmortem, which took place on 24.5.2007 at 3:00 p.m. According to the postmortem report, the age of the victim was about 28 years and duration was about one day and following ante -mortem injuries were noted by the doctor in the postmortem report: -