DADA GHOSH Vs. STATE OF U P

JUDGEMENT

(1.) The present jail appeal has been preferred by the accused-appellant against judgment and order dated 29.03.2011 passed by Special Judge (SC/ST Act), Allahabad in Sessions Trial No. 642 of 2008 (State Vs. Dada Ghosh) convicting and sentencing the appellant for the offence under section 307 I.P.C. to undergo rigorous imprisonment of 10 years along with fine of Rs. 10,000/-, under section 504 I.P.C. to undergo rigorous imprisonment of one year and under section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "SC/ST Act") to undergo life imprisonment along with fine of Rs. 15,000/-. In case of default in payment of fine, to further undergo for additional simple imprisonment of one year and one and half years respectively.

(2.) The brief facts as stated by informant Raj Kumar in first information report (hereinafter in short "FIR") are that on 9.4.2008 his father Kallu S/o Dheeraj was drinking tea in the shop of Lala at Baluaghat crossing. Informant and one Suraj Soni S/o Jamuna Prasad, 1119/6, Dariabad, P.S. Attarsuiya were also taking tea and at the same time, the appellant Dada Ghosh S/o Sambhu Ghosh R/o Lallu Panda Ka Hata, Babaji Ka Bagh, Allahabad, presently residing at Baradari, Baluaghat at river bank of Yamuna having no home or family came with knife in hand and due to previous enmity, started abusing the father of the informant and with intention to kill, assaulted on the neck of the father of the informant causing serious injury. Informant along with Suraj Soni intervened in the matter. Looking the serious condition of his father, informant immediately took him to Kalvin Hospital and where from he was referred to SRN Hospital for better treatment. He was admitted there in Ward No. 11 and was under treatment. After improvement in the condition of his father, the informant submitted application for lodging FIR. Since informant was busy in treatment he could not give the information immediately.

(3.) On the basis of written statement Ext. Ka-1, chik FIR Ext. Ka-4 was registered on 10.4.2008 at 9:20 against the appellant-accused and same was endorsed on same day and time in GD entry (Ext. Ka-5).