SATISH Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant Criminal Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 14.04.2011 passed by the Additional Sessions Judge, Court No.9, Badaun, in Sessions Trial No.645 of 2008 State of U.P. v. Satish, arising out of Case Crime No.372 of 2007 , under Section 304 Part-I IPC, Police Station-Wazeerganj, District-Badaun whereby the appellant Satish has been sentenced to undergo ten years rigorous imprisonment coupled with fine Rs. 10,000/- under Section 304 Part-I IPC, with default stipulation for one year additional imprisonment.

(2.) Heard Sri R.P.S. Chauhan and Sri Navneet Singh, learned counsel for the appellant and Sri Pradeep Kumar, learned AGA and Sri Rajiv Kumar Rai, learned brief holder for the State and perused the record of this appeal.

(3.) Facts germane as reflected from perusal of the record and particularly from the first information report reveal that the informant Nanhey Singh, father of the deceased Km. Ravi, lodged the written report at Police Station Wazeerganj, District Badaun on 28.06.2007 at 12:05 p.m. against the accused-appellant Satish alleging therein that the accused-appellant came to the Mentha Plant run by the informant in the partnership of Sanjay Kumar (brother of accused) where the informant asked for payment of his money whereupon the accused-appellant abused the informant and was ready to fight with him. During course of scuffle/assault, the daughter of the informant intervened and asked the informant to leave the place and go to home then the accused-appellant was infuriated and he gave Lathi blow to the informant's daughter who fell down unconscious. She was being taken to Vagrain when she died on way. The incident was witnessed by co-villagers Ramesh Singh son of Tikam Singh and Bhoore Singh son of Dori Singh, apart from the other villagers. It was requested that report be lodged and appropriate action be taken. This written report was scribed by Jaiveer Singh and the same is Ext. Ka-1.