YASHPAL @ GUDDU Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 23.02.2017 passed by Additional Sessions Judge, Court No.3, Sitapur in S.T. No.675 of 2015, arising out of Case Crime No.148 of 2015, whereby learned Trial Court has convicted the appellant and sentenced him under section 307 I.P.C. for 7 years' rigorous imprisonment with fine of Rs. 5,000/-. If he fails to deposit the fine, he will undergo additional simple imprisonment for one month.

(2.) In brief, the prosecution case is that on 10.7.2015 at around 1.00 p.m. in the day time, Vinesh Kumar, son of informant Brijmohan Bhargav, aged about 10 years was playing, the accused-appellant caught and dragged him to a room of Junior High School and assaulted him with a knife, on which count he was seriously injured and fall unconscious. The accused-appellant after assault ran away. Subodh and Sravesh saw him running, doubting his activities, they went inside the room and saw his son injured lying unconscious in a pool of blood.

(3.) The FIR on the said premise was registered on 12.7.2015 at 10.30 a.m. at Crime No.148 of 2015, under Section 307 IPC against the accusedappellant. The injured was medically examined by Dr. R.P. Verma - P.W.-6, Ext. Ka-8 is the injury report which runs as follows: