LAWS(ALL)-2016-2-5

DAYARAM Vs. STATE OF U.P.

Decided On February 03, 2016
DAYARAM Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Mr. Amit Chaudhary, learned amicus curiae for the appellant and Mr. Sharad Dixit, learned A.G.A. for the State were heard and lower court record was perused.

(2.) Under challenge in this appeal is the judgment and order dated 13.3.2007 passed by learned Additional Sessions Judge, Court No. 3, Sultanpur in Sessions Trial No. 263 of 2003, arising out of Case Crime No. 154 of 2003, Police Station Haliyapur, District Sultanpur whereby present appellant Dayaram was convicted for the offence under Sec. 302 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 5,000/ - with default stipulation of six months additional imprisonment. He was further convicted for the offence under Sec. 324 I.P.C. and was sentenced with two years imprisonment. Both the sentences were directed to run concurrently.

(3.) In brief the case of the prosecution, as disclosed in the F.I.R., was that complainant Prahlad S/o Siyaram lodged an F.I.R. on 9.6.2003 alleging therein that appellant Dayaram, happens to be his real Pattidar. In the noon of the same day, the buffalo of appellant Dayaram had eaten the dried piece of mango (Khatai), which were spread in the sunlight for drying, by the family of the complainant. Due to which, the wife of the complainant made a complaint at the house of Dayaram. Feeling agitated by this, in the night at about 8:00 p.m., when the complainant along with other family members, was sitting at the door of his house and Ramesh Kumar son of Ram Dayal and Keshav Ram son of Sampati and the ladies of the family were also sitting there, in the meantime, appellant Dayaram came armed with knife in his hand and abused the complainant, and extended threats of dire consequences and with the intention to kill him gave a blow of knife on his head, when his mother Parvati came for his rescue then he also gave a blow on her neck causing her instantaneous death. Complainant's nephew Suraj aged about ten years also came for rescue then he was also given a blow with knife on his back. The appellant was chased by Ramesh Kumar, then he was also caused injuries with knife. However, hearing the noise and the alarm raised by the complainant side, several persons of the village apprehended appellant Dayaram and thereafter the complainant side along with accused persons went to the police station Haliyapur, which was at a distance of about half kilometer from the place of occurrence, got the F.I.R. scribed by Basant Lal son of Parasnath and lodged the same.