HANSARJ Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Shashidhar Pandey, learned counsel for the appellant and Shri Ajit Ray, learned AGA for the State.

(2.) This criminal appeal has been filed on behalf of Hansraj against the judgment and order dated 25.06.2013 passed by the Additional Sessions Judge, Court No. 27, Allahabad in Sessions Trial No. 549 of 2007, State Vs. Hansraj and others convicting and sentencing the appellant under Section 323 I.P.C. for 1 year rigorous imprisonment, under Section 504 I.P.C. for 1 year rigorous imprisonment, under Section 354 I.P.C. for 2 years rigorous imprisonment, under Section 451 I.P.C. for 1 year rigorous imprisonment and fine of Rs. 500/- and a further three months of rigorous imprisonment in default of payment of fine and to ten years rigorous imprisonment under Section 306 I.P.C. and a fine of Rs. 3,000/- . In default of payment of this fine, six months further rigorous imprisonment has been provided. All the aforesaid sentences were ordered to run concurrently.

(3.) The prosecution case as per the First Information Report lodged of one Dwarika Prasad son of Sooraj Deep is that his daughter-in-law, Indrawati was being pressurized by the appellant to an establish an illicit relationship. Indrawati complained about this to her husband and the first informant frequently. On the intervening night of 10/11 May, 2013 at about 2:00 am., the appellant entered Indrawati's room and tried to outrage her modesty. On Indrawati resisting the attempt, she was beaten up by the appellant. On the shouts of Indrawati. the first informant and his son, Rajesh tried to catch him but failed. In the meantime, Mohan Lal father of the appellant, and his uncles Chand Lal and Lalji arrived on the scene of with lathis, abused the first informant and his family members and threatened them with dire consequences. It was also alleged that this was witnessed by a large number of residents of the village. Humiliated by the incident, Indrawati, consumed poison and died.