LAWS(ALL)-2017-8-449

UGGAN Vs. STATE OF U P

Decided On August 24, 2017
Uggan Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Both the criminal appeals have been filed against the judgment and order dated 28.03.1998 passed by the Additional Sessions Judge, Gonda, in Sessions Trial No.368 of 1995, arising out of Case Crime No.162 of 1994, under Section 304/34, whereby the appellants Uggan and Nageena were found guilty under Section 304 read with 34 and were punished for imprisonment of ten years. The appellants were sent to jail and both the appeals have been filed through jail. Since both the appeals are connected and have a common question of law and fact, thus, these are decided by the common judgment.

(2.) The prosecution story reveals that on 08.08.1994 at about 4 P.M. when Maina daughter of Hira Lal complainant was coming out side the door of the appellant, then incidentally she touched the (Rassi) kept there upon which the appellant started abusing languages and wife of the complainant Kabutari reached there to restrain them from abusing. The appellant/accused by means of Lathi assaulted on the head of Kabutari, she fell down and became unconscious. The complainant and his brother Shadhu also came to rescue but they were also assaulted by the appellant. The injured was taken to the hospital where she was medically examined and later on she died. The First Information Report was lodged under Sections 323, 504, 506 and 307 I.P.C. which was later on converted under Section 302/34 I.P.C. for which the case was committed to the court of sessions, where the charges were framed against the appellants for which they pleaded not guilty and claim for trial.

(3.) In order to prove the prosecution case Shadhu, Ramesh, Ram Shanker, Radhye Shyam, Chandrabhan and Smt.Kitabi were examined as a prosecution witnesses. Dr. B Ram was posted in the Primary Health Centre, Mankapur, District Gonda, who had examined the injured Sadhu and found three injuries on his body. Similarly two injuries were found on the part of the body of Hira lal injured and four injuries were found on the body of Smt. Kabutari.