SANJAY BALMIKI Vs. STATE OF U P

JUDGEMENT

(1.) Present jail appeal has been preferred by accused appellant Sanjay Balmiki against judgment and orders dated 18 & 19.10.2012 passed by Additional Sessions Judge, Court No.4, Gautam Budh Nagar in Session Trial Nos. 7 of 2011 and 11 of 2011 convicting and sentencing the appellant for the offence punishable under Section 302 I.P.C. for imprisonment of life and a fine of Rs. 5,000/- and for the offence punishable under Section 25/4 Arms Act to undergo two years rigorous imprisonment and a fine of Rs.1000/-. All sentences have been directed to run concurrently.

(2.) Facts of the case, as unfolded by informant Kanwar Pal, father of deceased, are that his daughter Manju was married to accused appellant way back seven years. Manju had come to meet the informant seven days ago. Accused appellant used to harass and beat deceased for money. On 19.10.2010 at about 5 p.m. appellant came to house of informant and started beating to his daughter hurling abuses. When Arti, grand-daughter of informant, objected, appellant taking out knife from his pocket with intention to kill caused 3-4 blows on the chest of Manju. She was taken to hospital but on the way she succumbed to her injuries and accused-appellant ran away from the place of occurrence.

(3.) On the basis of written report (Ext. ka-1), chik First Information Report (Ext. Ka-5) was registered at Police Station concerned on 19.10.2010 at 5.55 p.m. mentioning all details as had been described in Ext. Ka-.1. G.D. entry was also made at the same time. Distance between place of occurrence and police station concerned was only two kilometers.