BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rahul Misra, Amicus Curiae, learned counsel for the appellant, Sri. A.N. Mulla and Sri J.K. Upadhaya, learned A.G.A. for the State.

(2.) By way of instant jail appeal, challenge has been made to the validity and legality of the judgement and order dated 15.9.2014 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Moradabad in S.T. No. 1074 of 2012 (State Versus Babu Ram), arising out of Case Crime No. 298 of 2012, under Sections 452, 302, 307, 504 and 506 IPC and S.T. No. 1075 of 2012 (State Versus Babu Ram), arising out of Case Crime No. 322 of 2012, under Section 4/25 Arms Act by which the appellant-Babu Ram has been convicted and sentenced to imprisonment for life and a fine of Rs. 5000/- and in case of default of payment of fine, 3 years additional rigorous imprisonment under Section 302 IPC, 7 years rigorous imprisonment together with fine and in case of default of payment of fine 1 year rigorous imprisonment under Section 307 IPC and 1 year rigorous imprisonment and a fine of Rs. 500/- and in case of default of payment of fine 3 months additional rigorous imprisonment under Section 506 IPC. All the sentences were directed to run concurrently.

(3.) Course of events leading to filing of this appeal as discernible from the record appear to be that informant P. W. 1 Satish Chandra lodged a written report Ext. Ka1 at P.S. Chandausi, District Bheemnagar at 15:35 hours on 15.7.2012 regarding the murder of his wife Smt. Nanhi Devi and causing injuries to him by the appellant-Babu Ram on 15.7.2012 at about 14:45 hours in front of his house in Village Pathra within the territorial jurisdiction of P. S. Chandauli, District Bheemnagar.