JAGANNATH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal appeal has been filed against the judgement and order dtd. 25/2/2017 passed by the Additional Sessions Judge, Court No. 3, Mathura in ST No. 24 of 2013, under Sec. 302, 307 IPC, police station Goverdhan, district Mathura whereby the learned Judge convicted and sentenced the appellant to life imprisonment and a fine of Rs.5,000.00 under Sec. 302 IPC and in default of payment of fine, the appellant was further directed to undergo additional simple imprisonment of two years. He was further convicted and sentenced to one year simple imprisonment and a fine of Rs.1000.00 under Sec. 323 IPC and in default of payment of fine, he was to undergo one month's additional imprisonment.

(2.) However, both the sentences were directed to run concurrently. Brief Facts

(3.) In short compass, the facts of the case are that a written report was given by Krishna Das, son of Madhusudan, resident of Barsana, district Barsana, district Mathura (hereinafter referred to as the "first informant") to the Station House Officer, police station Goverdhan that there is a hand pump in the house of his sister Meera. Jagannath, disciple of Anant Das, was filling water from that hand pump, due to which it has become muddy. On the objection of her sister as to why he has got the hand pump muddy, he started abusing her. When Ashok Pal, who was working in the house of Arvind Haldhar, tried to intervene in the matter, accused with an intention to kill, inflicted knife blow on Ashok Pal on his chest. He also assaulted the first informant with an intention to kill, on his hand. After the assault, accused fled away along with his disciple. Ashok Pal was taken to the hospital, where doctor declared him dead. This incident occurred at 10.00 hours on 9/8/2012.