SHIV BACHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has arisen out of the judgment and order dated 19. 12. 2003 passed by Additional Session Judge/Fast Track Court No. 3, Azamgarh in Session Trial No. 193 of 2000 (State v. Sati Ram and others), arising out of Case Crime No. 160 of 1998, convicting the appellant under Section 304 Part II of Indian Penal Code (hereinafter referred to as 'IPC') and sentencing him to seven years' rigorous imprisonment and fine of Rs. 5,000/- and in case of default in payment of fine, six months' simple imprisonment has to be undergone.

(2.) The brief facts of the prosecution case, as spelt out on perusal of record, are that informant Shyam Dev and his uncle Sati Ram resided in the same house in village Avani Pura, Police Station - Tarwa, District - Azamgarh. On 17. 06. 1998 at about 08. 30 A. M. Inarjiya, wife of Sati Ram was collecting dung of the cattle belonging to the informant. On seeing this, informant's father Ram Bali objected her to do so. As a result thereof, Sati Ram along with this two sons Pujan and Shiv Bachan assaulted Ram Bail with bamboo, due to which he received grievous injury on the head. The incident was witnessed by the informant, his wife Parmila and many others. Pursuant thereto, informant Shyam Dev took his father Ram Bali, who was unconscious, to Sri Shiv Prasad Gupta Hospital, Varanasi for his treatment, where he was admitted. The next day, i. e. on 18. 06. 1998, at 03. 20 A. M. Ram Bali succumbed to his injury and breathed his last. After the post mortem was conducted, informant Shyam Dev performed the last rites of his father on 19. 06. 1998 at Electric Crematorium, Harishchandra Ghat, Varanasi. It was urged that report be lodged and action be taken. The written report is on record and the same is marked as Ex. Ka. 1.

(3.) Contents of the written report were taken down in the chik first information report at Police Station - Tarwa, District - Azamgarh on 20. 06. 1998 at 02. 15 P. M. at Case Crime No. 160 of 1998 for offence punishable under Section 304 IPC. The chik FIR is on record and the same is marked as Ex. Ka. 2. On the basis of entry so made in the chik FIR, relevant entries were made in the General Diary (G. D. Rapat No. 21) at the same police station under aforesaid section of IPC and a case was registered against the accused. The relevant G. D. entry (nakal rapat) is on record and the same is marked as Ex. Ka.