BABLOO @ DEEPAK Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal has been filed against a judgement and order dated 11.2.2011 passed by the learned Additional Sessions Judge/Fast Track Court No. 4, Baghpat in Sessions Trial No. 589 of 2009 arising out of case crime No. 417 of 2009, under section 307, 323 IPC, police station Baraut, district Baghpat. By the impugned order the learned Additional Sessions Judge has convicted and sentenced the accused-appellant to six years simple imprisonment under section 307 IPC and a fine of Rs. 2000/-. In case of default in payment of fine, the appellant was further directed to undergo six months simple imprisonment.

(2.) The brief facts of the case are that a written information was given by the first informant Kataar Singh Malik, son of Jalan Singh to the effect that his son Sanjeev Malik is having a shop of mobile and furniture in his house. On 24.9.2009, when he along with his servant Taraspal, son of Inder Kashyap, resident of Hilwadi was present at his mobile shop, at about 1.00 PM, one Babloo alias Deepak came to his shop and enquired as to where is Sanjeev Malik and that he has to return the money. At that time his son arrived and Babloo after talking his son, sat on the motorcycle of his son bearing No. UP 17-A 6401 and left towards Dhanaura. At about 00 PM his son telephonically informed him that he had been attacked by Babloo by sharped edged weapon (Daav) on the back of his neck and he is being taken to Astha Nurshing Home by Sudesh, son of Harpal, resident of village Dhanaura and Manoj alias Billu, son of Girwar Singh, village Luhari, police station Baraud, district Baghpat. It is further mentioned in the report that as the condition of his son was serious, doctor after giving first aid, referred him to Delhi Higher Centre. The first informant with the assistance of other persons took her son to G.P.T. Delhi and thereafter took his son to Yashoda Hospital, Ghaziabad, where his son was operated. His son is still in ICU and unconscious. It is also mentioned in the report that in order to kill, Babloo has assaulted his son and caused grievous injury.

(3.) On the basis of the aforesaid report, a case was registered at Case Crime No. 417 of 2009 , under section 307, 323 IPC by PW-4 Constable Padam Singh.