SUBHASH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Sarvesh, learned counsel for the appellant and Mr. Prashant Kumar, learned Additional Government Advocate for the State.

(2.) This criminal appeal has been filed by accused appellant Subhash S/o Shrinath, R/o village Basawanpur, police station Ghosi, District Mau against the judgment and order dated 30/31.03.2009, whereby appellant Subhash has been convicted under section 323/34 and 304 (II) Indian Penal Code and has been sentenced for one year rigorous imprisonment for offence under section 323/34 Indian Penal Code and for seven years rigorous imprisonment and a fine of Rs. 500 and in default of payment of fine two months further imprisonment for offence under section 304(II) Indian Penal Code. All the sentences are directed to run concurrently.

(3.) According to prosecution version as narrated by informant Ram Lakhan, on 25.04.2006 at about 12:00 in the day, accused Subhash, Gulab and Dayanand came to his house and started abusing him and thereafter assaulted him with lathi, danda. Upon hue and cry, the co-villagers gathered there and saved him. The record further reveals that P.W.1 Smt. Dhanmati took her husband-informant to Community Health Centre, Ghosi, where his injuries were examined by Dr. D.N. Rai and thereafter he was referred to District Hospital, Mau where he was given treatment and after being relieved from the hospital, Smt. Dhanmati and Ram Lakhan came to their house in the village and remained in the house. On fourth day of incident, deceased Ram Lakhan went to the police station and on the oral dictation of first informant Ram Lakhan (deceased), one Non-Cognizable Report no. 86/2006 was registered on 28.04.2006 at about 12:30 P.M. in Police Station Ghosi, District Mau for offences under section 323/504,506 IPC against accused Subhash, Gulab and Dayanand. After eighteen days from the incident, Ram Lakhan died on account of injuries and the P.W.1 Smt. Dhanmati gave information to police station about death of her husband Ram Lakhan, whereupon section 304 IPC was added and being cognizable offence, the case was converted into case crime no. 429 of 2006 U/s 304 IPC. After investigation, the Investigating Officer submitted charge sheet against the named accused persons for offence under section 304 IPC and subsequent to the cognizance of offence, the learned Magistrate committed the case to the Court of Sessions and trial proceeded.