RAIESH AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal is directed against the judgment and orders dated 26th July, 2011 passed by Sri S.P. Arvind, the then Additional Sessions Judge, Court No.8 in Sessions Trial No. 435 of 2009 (State Vs. Raiesh Ahmad), whereby the appellant was convicted under section 304 IPC and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5,000/- in default thereof to further undergo simple imprisonment of five months.

(2.) Heard Sri Vinay Kumar Singh, learned counsel for the appellant and Sri Kailash Singh Yadav, learned AGA for the State and prused the record.

(3.) Briefly stated the facts of the prosecution case are that Smt. Aimunisha gave a written report at police station Phulpur, Azamgarh stating therein that her son-in-law Raiesh Ahmad used to work as cook near Bhatava mosque at Tauba Maur. On 28th June, 2009 at about 1 A.M. in the night he came to her house. She was sleeping outside the house. He assaulted her with a knife at three places and ran away.