NARAYAN SONI Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. Nadeem Murtaza, learned counsel for the appellant and Ms. Madhulika Yadav, learned Additional Government Advocate were heard.

(2.) Under Challenge in the instant criminal appeal is the judgment and order dated 30.07.2014 passed by learned First Special Judge, S.C/S.T. A (P.A.) Act, Unnao, in Special Sessions Trial No. 141 of 2009 and 786 of 2009, arising out of Case Crime Nos. 1785 and 1795 of 2009, Police Station Gangaghat, District Unnao under Ss. 302 IPC r/w. 3(2)(V) S.C/S.T. Act whereby the appellant Narayan Soni was convicted for the offence under Sec. 302 IPC r/w. 3(2)(V) S.C/S.T. Act and was sentenced to undergo imprisonment for life and also with fine of Rs. 10,000/ - with default stipulation of one month additional imprisonment. However, he was acquitted of the charge under Sec. 3/25 Arms Act.

(3.) Brief facts of the case are that the complainant of this case Smt. Shanti Devi lodged an FIR at Police Station Gangaghat, District Unnao on 22.07.2009 at 13:45 hours alleging therein that her daughter aged about 28 years was living as wife for the last two years with the appellant Narayan Soni resident of Gandhi Nagar, Kasba Shuklaganj, Police Station Gangaghat, District Unnao. Complainant is resident of Chakeri area District Kanpur. On 20.07.2009 her daughter Savita came back to the house of the complainant because of some dispute with the appellant. For Vida of Savita appellant Narayan Soni came to the house of the complainant in the night of 21.07.2009 and stayed in the night there. Next day in the morning when he asked for the Vida of Savita then son of the complainant namely Balbeer (deceased) aged about 35 years declined to Vida his sister Savita and asked the appellant to do some work, earn money and only thereafter he will send his sister with him. On the same day at about 10:00 a.m. the appellant asked Balbeer to drop him up to Lalbangla/Harjinder Nagar. So he went with the appellant. At about 12:15 p.m. the complainant got the information on phone from Shuklaganj that her son Balbeer has been done to death by causing injuries to him infront of the barber shop Manoj Kumar in Mohalla Gandhi Nagar, Shuklaganj, Unnao, by the appellant. The incident is alleged to have been witnessed by several persons of the vicinity. The complainant Shanti Devi got the FIR of this case scribed by Jitendra Chaurasia and lodged the same at police station Gangaghat, on the basis of which the case was registered. The distance of the place of occurrence from the police station Gangaghat, District Unnao was about 1 kilometer.