KHUSHI RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. Ashid Ali, learned counsel for the appellant and Mr. Umesh Verma, 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 10.06.2003 passed by Additional Sessions Judge/Fast Track Court No. 6, Lucknow, in Sessions Trial No. 814 of 2002, Police Station Bakshi Ka Talab, District Lucknow whereby the present appellant Khushi Ram was convicted for the offence under Sec. 302 IPC and was sentenced with imprisonment for life and also with fine of Rs. 5,000/ - with default stipulation of six months' additional imprisonment. However, he was acquitted of the charges under Ss. 147, 148, 504and 506 IPC. The other accused persons except Girdhari were acquitted of the charges levelled against them and the case of accused Girdhari was abated during trial because of his death.

(3.) In brief, the case of the prosecution was that on 16.02.2002 at about 09.00 PM Becha Lal (deceased) was going from his house towards north of the village through kharanja road. Near the said kharanja road towards west of the house of accused Girdhari his cow was tied with a stake. The said cow ran to hit Becha Lal then he gave a blow of 'danda' to the said cow. On this incident, the daughters of Girdhari namely Mendhaki and Katahi started abusing the father of the complainant. They were asked by the deceased to stop abusing. On this, all the accused persons armed with lathi and appellant Khushi Ram armed with harpoon (Ballam) surrounded the deceased and appellant Khushi Ram gave a blow of harpoon (Ballam) to the deceased. The deceased raised an alarm and because of injury, he died on the spot. The incident is alleged to have been seen by the witnesses in the light of electric bulb. The deceased was given blow of harpoon (Ballam) by the present appellant while he was entering in the house of Ram Naresh. Complainant Chandra Shekhar got the first information report of this case scribed by Suresh Kumar Srivastava and it was registered at the police station on the same day at 2235 hours.