JASBIR Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Sri Sunil Vashista, learned amicus curiae appearing for the appellant and learned A.G.A. for the State.

(2.) The instant criminal appeal has been preferred by the appellant against judgement and order dated 2.5.2005 passed by Special Judge (E.C. Act), Shahjahanpur in Sessions Trial No. 288 of 2002 (State Vs. Jasvir) arising out of Case Crime No. 28 of 2002, under Sec. 302 I.P.C., Police Station Madanapur,District Shahjahanpur, whereby the appellant has been convicted and sentenced to undergo life imprisonment along with fine of Rs. 10,000/with default stipulation.

(3.) The prosecution case, in brief, is that on 19.1.2002, first informant, Suvender Singh, examined as PW 1 lodged F.I.R. against the appellant at Police Station Madanapur,District Shahjahanpur on the same day at about 11.15 P.M. alleging therein that on 19.1.2002 at about 5.30 p.m. when first informant along with Hardeo Singh PW 2, Lakhvinder Singh (not examined) and Vedram PW 3 were coming towards their home after loading sugarcane from his field, wife of first informant, Smt. Sukhraj Kaur (deceased) came out of the house crying that Jasvir wants to commit rape upon her. She was being chased by the appellant who was having Gadali (sharp edged weapon) in his hand and in wheat field he gave Gadali blows on the deceased. On being challenged by the first informant and other three witnesses the accused-appellant made his escape good. Thereafter as the condition of the wife of the first informant was serious, she was taken to District Hospital, Shahjahanpur where she was declared dead. Thereafter the first informant, Suvender Singh went to Police Station Madanapur, District Shahjahanpur and lodged instant First Information Report. According to the prosecution, the investigation was taken up by Sub Inspector, Ishendra Singh,PW 4, Station In-charge of Police Station Madanapur. It is stated that First Information Report was registered in his presence and he immediately took up the investigation of the case.