SANJAY @ SANJEEV DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgement and order dated 20.09.2013 passed by Sessions Judge, Auraiya in Sessions Trial No. 29 of 2013 (State of U.P. Vs.Sanjay @ Sanjeev Dubey) arising out of Case Crime No. 283 of 2012 convicting and sentencing the accused-appellant for the offence under Section 307 I.P.C. to seven years rigorous imprisonment with fine of Rs. 10,000/- and in the event of default of payment of fine he has to undergo additional rigorous imprisonment of one year. Out of realized fine Rs. 7,000/- was awarded as compensation to the victim/injured.

(2.) I have heard learned counsel for the appellant as well as learned A.G.A. for the State.

(3.) Factual scenario of the case is that First Information Report was lodged at PS-Ajitmal, District-Auraiya by one Badam Singh, uncle of the injured Ajeet Singh stating therein that accused-appellant Sanjay @ Sanjeev Dubey S/o Shyam Bihari came at the house of informant and stated that he wants to labour for cutting the wood and Rs. 200/- labour charge was fixed by Ajeet Singh and thereafter Ajeet Singh has gone with accused-appellant. Further stated that at about 11:00 a.m. when injured Ajit Singh sit for urinal purpose the accused-appellant Sanjay @ Sanjeev Dubey assaulted him with axe. Complainant who had also gone alongwith Ajeet Singh rushed towards his nephew to save his life. Thereafter, accused-appellant ran away from the spot. Further stated that complainant brought his nephew at District Hospital Ajitmal for his treatment where his injuries was examined and thereafter, the injured was referred to P.G.I. Saifai.