SAROJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. Samrat Gupta, learned counsel for the appellant and Mr. Dharmendra Singh, learned A.G.A. for the State were heard at length.

(2.) Under challenge in the instant criminal appeal is the judgment and order dated 29.05.2009 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Lucknow, whereby Sessions Trial No. 1 of 2006, under Ss. 307, 324 and 302 IPC, arising out of Case Crime No. 129 of 2005, Police Station Chinhat, District Lucknow, and Sessions Trial No. 2 of 2006, arising out of Case Crime No. 147 of 2005, under Sec. 4/25 of the Arms Act, Police Station Chinhat, District Lucknow, were tried together and appellant Saroj Kumar was convicted and sentenced as under: - -

(3.) In brief, the case of the prosecution was that the complainant Smt. Ram Kumari lodged a first information report on 14.05.2005 at 07.45 PM at Police Station Chinhat, District Lucknow, alleging therein that on that day at 06.30 PM she along with her husband was present in her house. Appellant Saroj Kumar son of Ram Nath resident of Bhojpur, Dallu Khera, Police Station Satrikh, District Barabanki, who happens to be Bhanja (sister's son) of the deceased, came to her house in the evening at about 6.30 PM and demanded Rs. 2,00,000/ - (Two Lacs) from her husband. He said that you have sold the land so please give him money. Her husband said that he has not yet received the consideration amount of the sale, when he will receive the same, he shall give him some money. Appellant Saroj Kumar stated that you have already received the money and he shall go only after taking the money. This conversation turned into altercation. The complainant tried to pacify them. In the meantime, appellant gave a blow of knife to the deceased. The complainant also received injury. On her alarm, Nanha, Km. Ram Devi, Sanjay Kumar, Dinesh Kumar and other persons of the village reached there. In the meantime, appellant ran away from there along with knife. He was chased by the villagers but he could not be apprehended. The deceased received injuries on his chest and abdomen due to which he fell down. The complainant along with her injured husband went to the police station and a case under Sec. 307 IPC was registered."