VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by Vijai Kumar son of Girja Shankar against the judgement and order dated 4.10.1982, passed by Sri B.K. Sharma, the then IIIrd Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 171/1982 whereby the appellant has been found guilty and convicted under sections 394 and 398 I.P.C. and has been sentenced to undergo rigorous imprisonment for 7 years. Fine has also been imposed on him with default stipulation.

(2.) I have heard Sri P.N. Mishra, learned Senior Counsel for the appellant and Sri S.L. Kesharwani learned A.G.A. for the State and have perused the impugned judgement.

(3.) The brief facts of the case are that a first information report (Ex Ka-3) was lodged by Kishan Das on 9th Dec., 1981 at 6.45 p.m. at the Police Station. It was alleged in the report that he was living in his multistoreyed house in Mohalla Diwan Jograj, of Shahjahanpur city with his wife Smt. Imarti Devi and two daughters Km. Sudha and Km. Renu. On 9th Dec., 1981 at about 6.00 p.m. Smt. Imarti Devi and her two daughters were in the third storey of the house and Smt. Imarti Devi was resting on the cot and Km. Sudha was cooking food in the kitchen adjoining the bedroom and electric light was burning in the house. Vijai Kumar accused- appellant along with his companion came there and entered bedroom, carrying a tamancha in his hand. He showed it to Smt. Imarti Devi and said "jo kuchh ho hamen do, wa chabian nikalo". Smt. Imarti Devi scolded him and got up and went near the telephone and when she lifted the receiver the accused snatched it and snapped the wire. On this, out of fear she, retreated back 4-5 steps and the accused fired a shot on her left foot. Hearing the sound of fire, Km. Sudha ran towards her and the companion of the accused who had reached kitchen gave a blow at her face with the butt of the tamancha. Smt. Imarti Devi and her two daughters raised alarm whereupon the appellant and his companion ran away through the staircase. The accused Vijai Kumar was known to them from before because he had served as a servant at their house for 7 days, about two months prior to the occurrence. The other person was also identified but his name was not known to the ladies of the house. The shop of the informant was about 125 paces from the house and Km. Renu was sent there who narrated the incident to her father. Kishan Das came to the house and found Smt. Imarti Devi and Km. Sudha in injured condition. They also narrated the incident and thereafter complainant went to lodge the report.