DEVENDRA KUMAR @ BONI Vs. STATE OF U P

JUDGEMENT

(1.) This is appeal against judgment and order dated 30.09.2016 rendered by Additional Sessions Judge, Court No.05, Barabanki in Sessions Trial No. 418 of 2012 (State Vs. Devendra Kumar @ Boni) under Section 304 and 504 Indian Penal Code (hereinafter referred to as "I.P.C."), Police Station Asandra,District Barabanki arising out of Crime No. 70 of 2012, whereby appellant-accused has been convicted and sentenced with rigorous imprisonment of 10 years and fine of Rs. 10,000/- under Section 304 I.P.C.

(2.) Abridged facts as unfolded from First Information Report (hereinafter referred to as "FIR") (Exhibit Ka-1) lodged by Smt. Raj Kumari, wife of deceased are that on 19.01.2011 at about 5.00 p.m. the deceased and accused were quarreling on construction of house, all of a sudden accused Devenra Kumar @ Boni assaulted the deceased with "lathi", due to which the deceased became unconscious. The complainant could not lodge First Information Report on the same day due to darkness of night. On next day, she lodged F.I.R. under Section 308 and 504 I.P.C., Police Station, Asandra. Chik (Exhibit Ka-3) was prepared and consequent entries were made in General Diary of Police Station (Exhibit Ka-4). Injured (deceased) was sent to Hospital, however he died before he could reach the Hospital. Therefore, case was converted into Section 304 and 504 I.P.C. After his death, the dead body was sent for autopsy. Post-mortem report is Exhibit Ka-6. The Investigating Officer visited the place of occurrence and prepared Site Plan (Exhibit Ka-6A) and thereafter having found prima facie case against accused under Section 304 and 504 I.P.C., the Investigating Officer submitted charge sheet in the Court.

(3.) On the basis of charge sheet accused person was summoned by the Magistrate and committed the case to the Court of Session, where charges under Section 304 and 504 I.P.C. were framed from which appellant-accused denied and claimed to be tried.