REGENT COMPUTRONICS PVT. LTD.

Sheo Kumar @ Baggar Appellant

V/S

STATE OF U P Respondents

Referred Judgements :-

JUDGEMENT

(1.) Appellant Sheo Kumar alias Baggar has filed instant criminal appeal against judgment and order dated 16.11.2000 passed by Special Judge (E.C. Act), Unnao in Sessions Trial No.212 of 1998 whereby and whereunder the appellant was found guilty under section 307 IPC and was punished to undergo rigorous imprisonment for a period of 7 years with fine of Rs.500/- and in default of payment of fine, he was to further undergo rigorous imprisonment for a period of three months.

(2.) The brief facts giving rise to filing of the present appeal are that one Soni is resident of village Deogaon, Police Station Safipur, the village of the complainant. He had some bamboo tress. Soni had inquired the fact of stolen bamboo trees from appellant Sheo Kumar @ Baggar. The accused/appellant was in apprehension that injured Padri had told this fact of stealing bamboo trees to Soni. On 15.02.1998 at about 09.00 AM injured Padri was going to fields with his animals. The appellant met him in the way and with intention to kill him, he hit on the head of Padri with axe. The complainant Ram Babu Gaur, the brother of injured Padri, intimated the fact to the police station Safipur where after registration of the case injured was sent to hospital for medical examination and after that case was investigated and a charge sheet was sent before the learned Chief Judicial Magistrate, Unnao, who took the cognizance and committed the case to the Court of Sessions where the appellant was summoned and a charge under Section 307 IPC was levelled against him for which he pleaded not guilty and claimed for trial. In order to prove the prosecution case, PW-1 Ram Babu Gaur, PW-2 Dr. K.P. Mishra, PW-3 Ram Dhari @ Padri, PW-4 Vijay Prakash, PW-5 Dr. Satya Prakash and PW-6 Constable Rajendra Prasad Shukla were examined. The prosecution had also filed Ext. Ka-1 to Ext. Ka-7 which were proved by the witnesses. In the statement recorded under Section 313 Cr.P.C. the appellant denied the charge and stated that the first information report was lodged on the basis of enmity. Padri was injured in 1985 and the injuries which were found on his head were of 1985 and the police has falsely submitted charge sheet against him. It was further contended that injured Padri was granted pension being deaf and dumb on the basis of false certificate. It was then urged that before one and half year of the incident someone had stolen the machine of the complainant and the complainant had doubt on the accused/appellant due to which this false case has been registered against him.

(3.) Learned trial court after evaluation of the statements of the witnesses found the appellant guilty and punished him, as above. Aggrieved by the order, the appellant has filed this appeal on the following grounds:-

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SHEO KUMAR @ BAGGAR Vs. STATE OF U P

Referred Judgements :-

JUDGEMENT

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