SOBARAN Vs. STATE OF U P

JUDGEMENT

(1.) Being aggrieved with the judgment and order dated 30.07.2011 passed by Additional Sessions Judge, Court No.2, Lakhimpur Kheri in Sessions Trial No.9 of 1999 arising out of Case Crime No.55 of 1998 (State vs. Sobaran) under Sections 324 and 307 I.P.C and 3(2)(5) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, relating to Police Station- Tikoniya, District- Kheri, whereby learned Sessions Judge hold guilty to appellant-accused Sobaran under Section 307 I.P.C and punished with seven years rigorous imprisonment and fine Rs.5000/- with default clause and acquitted under Section 3(2)(5) Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act.

(2.) For the disposal of this appeal the relevant facts of the case are that on 23.07.1998 at about 08:30 PM, at village Raipur, P.S.- Tikoniya, District- Kheri, complainant Maiku Lal had gone to purchase sugar from a grocery shop where he met with Gokaran. In the meantime, accused Sobaran came there, entered into hot exchange and said to Gokaran that you have eloped with his wife, when complainant tried to pacify, accused Sobaran inflicted injury upon his back with knife and also caused injuries in the chest and abdomen of Gokaran who fell down at the place of incident. The accused was identified by the complainant in the light of earthen lamp which was lighting in the shop. Later on, complainant proceeded for Police Station- Tikoniya where he lodged a formal first information report (in short FIR) against the accused-appellant. Complainant was medically examined in the Primary Health Center Tikoniya.

(3.) Pw-4, Shri Anant Dev the then Circle Officer commenced investigation and visited the place of incident on 26.07.1998 and prepared site plan. After completion of the investigation he submitted a charge-sheet against the accused-appellant. In the meantime, another injured Gokaran had been also medically examined in the District Hospital, Kheri.