JITENDRA VERMA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 7.4.2018 passed by Addl. District and Sessions Judge, Court No.8, Ghaziabad convicting the appellant u/s 302 IPC for life imprisonment and a fine of Rs.20,000/- and in default payment of fine, further undergo one year rigorous imprisonment and u/s 307 IPC for five years R.I and a fine of Rs.10,000/- and in default payment of fine, further undergo six months rigorous imprisonment. All the sentence shall run concurrently.

(2.) The prosecution case as has been set-out in the FIR by the informant is that on 11.08.2013, at about 10.30 in the night, the informant and his wife Praveen Kaur, his son Arvind and Rana Jasdeo Singh and his mother Smt. Ram Chameli were present in their house. At that time, the brother-in-law of the informant namely Jitendra Verma @ Jaani threatened his wife Praveen Kaur on mobile no. 9558160077 "Too mere plot ke kagazon pe sign nahi kar rahi hai, mai araha hoon. Aaj tujhe va tere pure parivaar ko jaan se maar doonga". After a short time, the accused Jitendra Verma @ Jaani came with a knife at his house and stated that all of them would be put to right place and as soon as he entered in the house, he assaulted Praveen Kaur with an intention to kill her by knife. When the informant and his son ran to save Praveen Kaur, then accused Jitendra Verma @ Jaani assaulted with an intention to kill Rana Jasdeo Singh on his chest due to which Rana Jasdeo Singh got injured seriously. The accused Jitendra Verma @ Jaani also assaulted the informant with the knife. The informant took the injured persons to Lokpriya Hospital, Modinagar where the doctor declared Rana Jasdeo Singh to be dead and Praveen Kaur who was also seriously injured, was being medically treated. On the basis of written report lodged by the informant against the accused Jitendra Verma @ Jaani, a FIR was registered as Case Crime No.516 of 2013 u/s 302, 307, 452 IPC. A chik FIR which was marked as Ext.Ka-21 was prepared on the basis of written report which was also endorsed in the G.D. was marked as Ext.Ka-6. S.I. Azad Pal Singh who took over the investigation, reached the place of occurrence and collected blood-stained and simple earth and kept them in a separate boxes and sealed the same and took into the custody. Further the photograph of the place of occurrence was also taken. The inquest report of the dead-body of the deceased Rana Jasdeo Singh was conducted at Lokpriya Hospital, Modinagar on 12.8.2013 at 0030 hours which is marked as Ext.Ka-2. Thereafter, the dead-body of the deceased was sent to post-mortem under a sealed condition to District Hospital, Ghaziabad and the post-mortem was conducted by Dr. K.M. Tiwary on 12.8.2013 at 12.45 p.m. The S.I before sending the dead-body for post-mortem had prepared police papers no.13 which is marked as Ext. Ka-7 and Photonash as Ext.Ka-8, letter to C.M.O as Ext.Ka-9. The investigation of the case was conducted by Senior Inspector Udai Veer Singh Baliyan who recorded the statement of the informant and witnesses u/s 161 Cr.P.C, and prepared the site-plan Ext.Ka-13. He recovered the clothes of the accused Jitendra Verma @ Jaani which he was wearing at the time of incident and recovered the same from his house and prepared the recovery memo of the same which is marked as Ext.Ka-14. He also prepared the site-plan of the place from where clothes of the accused were recovered which is marked as Ext.Ka-15. After arresting the accused, he prepared arrest memo which is marked as Ext.Ka-16. At the pointing out of the accused, the weapon of assault i.e. knife was recovered which is marked as Ext.Ka-17 and also site-plan from where the knife was recovered was prepared by him, which is marked as Ext.Ka-18. He also send the blood-stained and simple earth in a bundle along with the blood-stained clothes of the accused and the deceased Rana Jasdeo Singh and blood-stained knife to Vidhi Vigyan Prayogshala, Agra and after completing the formalities, he submitted the charge sheet against the accused u/s 452, 302, 307 IPC before the competent court.

(3.) The trial court framed charges against the accused-appellant for offence u/s 452, 302, 307 IPC who denied the charge and claimed his trial.