KUNWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant jail appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 25.08.2008 passed by the Additional Sessions Judge, FTC No.1, Banda, in Sessions Trial No.213 of 2007 State of U.P. v. Kunwar , arising out of Case Crime No.164 of 2007, under Section 306 IPC, Police Station-Mataundh, District Banda whereby the appellant Kunwar has been sentenced to undergo seven years rigorous imprisonment coupled with fine Rs. 5000/-, in default of payment of fine, one year additional imprisonment.

(2.) Heard Sri Siyaram Pandey, learned amicus curiae for the appellant, learned AGA for the State and perused the record of this appeal.

(3.) Factual evolution leading up to this appeal as discernible from the record is primarily rooted in the first information report lodged by the informant Durga Prasad son of Ram Nath against the accused Kunwar, at Police Station Mataundh on 27.08.2007 at 2:10 p.m. for committing abetment of suicide to his daughter Km. Jagrani which divulges that the informant's daughter aged 16 years consumed hair dye on 25.08.2007 at 4:30 p.m. and she was taken to the district hospital Banda where she succumbed to her injury on 26.08.2007 at 5:00 a.m. It has been further described in the first information report that the informant's daughter was being teased by the appellant as and when he got the occasion to do it and he used to tease her by indecent gestures. On the day of the incident, the deceased Km. Jagrani was taking bath when the appellant climbed on the roof of her house and made indecent gestures which was watched by the informant's wife who at that point of time was present outside the house. When the informant's daughter raised alarm, she went inside the house and admonished the appellant to leave the place whereupon the appellant left the scene. Request was made for lodging the report and taking appropriate action. The written report is Ext. Ka-1.