MANOJ KUMAR GUPTA Vs. STATE OF U.P

JUDGEMENT

(1.) This jail appeal has been filed against the judgment and order dated 04.02.2015 passed by Additional Sessions Judge, Court No. 3, Fatehpur in Sessions Trial No. 245 of 2013 (State v. Manoj Kumar Gupta), arising out of case crime no. 153 of 2012, under Sections 307, 504 IPC, P.S. Ghazipur, District Fatehpur, convicting and sentencing the appellant under Section 307 IPC for ten years' rigorous imprisonment along with fine of Rs. 20,000/- and in default of payment of fine to further undergo one year's imprisonment and under Section 504 IPC for two years' imprisonment.

(2.) In brief the prosecution story is that the marriage of Anshu Devi, sister of the informant/PW-1 Sikkhu was solemnized with Manoj, accused-appellant 15 years ago; that from their wedlock three children were born and they are pursuing their studies at the house of their Nana (maternal grand father) at Churiyani; that on the occasion of Raksha Bandhan, sister of the informant had come to her maternal home at Churiyani; that on 14.10.2012 at about 7.00 pm, the accused-appellant (husband of sister of the informant) came at Churiyani and during the course of conversation in the courtyard, he started giving abuses to Anshu and asked her to go with him; that Bhola, father of the informant restrained the accused-appellant to give abuses and asked him to take Anshu Devi in the next morning; that in the state of provocation, the accused-appellant stabbed knife blow in the abdomen of Bhola with an intention to kill him, due to which his intestines were protruded; that when Anshu Devi came forward to save her father, she was also assaulted by knife in her stomach by accused-appellant; that the accused-appellant was caught hold with the help of villagers after giving him some beatings; that all the three injured including accused-appellant were brought to the District Hospital, Fatehpur for treatment, from where due to critical condition, Anshu Devi and Bhola were referred to Hallet Hospital, Kanpur and the treatment of accused-appellant was going on in District Hospital, Fatehpur itself. The documents regarding admission of injured Anshu Devi and Bhola in District Hospital, Fatehpur are Ex. Ka-11 and Ex. Ka-12. The documents regarding treatment at Hallet Hospital, Kanpur are Ex. Ka-4 and Ex. Ka-5.

(3.) On the basis of written report Ex. Ka-1, FIR Ex. Ka-2 was registered in case crime no. 153 of 2012, under Sections 504 and 307 IPC at P.S. Ghazipur, District Fatehpur against accused-appellant and relevant entries regarding registration of the case were made in the G.D. at Report No. 36 at 23.40 hours on 14.10.2012, carbon copy of which is Ex. Ka-3.