BIDHEY Vs. STATE OF U.P

JUDGEMENT

(1.) THIS is an appeal on behalf of appellant Bidhey against the judgment and order dated 13.8.1982 passed by the Ist Additional Sessions Judge, Bijnor in Session Trial No. 329 of 1981 convicting the appellant under Section 304 Part II I.P.C. and awarding a sentence of 7 years R.I. and convicting under Section 308 I.P.C. and sentence of two years R.I. Both the sentences were directed to run concurrently.

(2.) ON an oral information given by the complainant, a chik F.I.R. was prepared at the Police Station on 18.9.1981 at 21.10 P.M. by constable Vipin Pal, PW-2. A non-cognizable report was registered under Section 323 I.P.C. in G.D. of the Police Station. Subsequently on 19.9.1981 an information was received at the police station at 8.00 A.M. that the injured Smt. Parmeshwari died in Seohara Hospital at 7.30 A.M. and on the basis of this information, case was converted under Section 304/323 I.P.C. The first informant Prakash PW-5 is also said to have received injuries. Both the injured namely first informant and deceased Smt. Parmeshwari were examined on 18.9.1981 by Dr. S. Singh PW-7.

(3.) INJURIES of deceased was examined on 18.9.1981 at 8.30 P.M. Her injuries are detailed herein below. Examined Parmeshari aged about 60 years, W/o Late Santu Singh, R/o Pithapur, P/S Seohara on 18/9/81 at 8.30 P.M. brought by her son Prakash.