GANGA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The appeal has been filed by Ganga Prasad son of Parsadi Lal, resident of Village Singhai Muraban, P.S. Bhuta, District Bareilly against the judgment and order dated 29th April 2006 passed by Additional Sessions Judge, Court No. 6, Bareilly in Sessions Trial No. 93/05, whereby the appellant has been found guilty and convicted under Sec. 326 I.P.C. and has been sentenced to undergo rigorous imprisonment for 5 years and fine of Rs. 5,000.00 has also been imposed on him and in case of default he has to undergo further imprisonment for one year. Out of this fine, amount of Rs. 4,000.00 has to be paid to the injured as compensation. The accused was tried tinder sections 342 and 307 I.P.C. but he has been acquitted of the charge under Sec. 342 I.P.C. and instead of Sec. 307 I.P.C has been convicted under Sec. 326 I.P.C. Vedpal son of present appellant also faced trial but he has been acquitted by the Trial Court.

(2.) I have heard Sri Sunil Kumar Srivastava learned Amicus Curiae Sri Kailash Kumar Singh learned Counsel for the State and have perused the Trial Court record.

(3.) The brief facts are that on 7th March, 2004 the accused is alleged to have given knife blow to Sundar Lal causing grievous injury in his left abdomen region. The first information report Ex.Ka-7 was lodged by Smt. Ganga Devi wife of Sundar Lal on 14th March, 2004 at 9.30 a.m. at Police Station Bhuta. According to this report, the accused Ganga Prasad came to her house on 7th March, 2004 it being Holi festival. He made her husband Sundar Lal drink liquor and thereafter he took Sundar Lal with him to his house and there also made him drink liquor. There was some exchange of words at that time and Sundar Lal was confined in the house and thereafter Ved Pal gave lathi blows and Ganga Prasad gave knife blow to Sundar Lal which hit him in his left side of abdomen. On hearing alarm, Panni Lal son of Balak Ram, Omprakash son of Ishwari Prasad went there and saw that Sundar Lal was lying on Kharanja in injured condition. He was brought to the house of the complainant and then was taken to Government hospital in district Bareilly, where he was admitted.