LAL CHAND GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Accused-Appellant-Lal Chand Gupta faced trial in Sessions Trial No. 110 of 2009 (State v. Lal Chand Gupta, Case Crime No. 1343 of 2008) under Sections 302, 307, 504 and 506 IPC, Police Station Gagha, District Gorakhpur, which came to be heard and decided by Additional Sessions Judge (Ex-cadre-2), Court No.14, Gorakhpur, vide judgment dated 17.03.2012, Trial Court convict accused-appellant under Sections 302, 324 and 504 IPC and sentenced him to undergo life imprisonment with a fine of Rs. 5000/- under Section 302 IPC, 3 years under Section 324 IPC with a fine of Rs.2000/- and one year under Section 504 IPC but acquitted of charge under Section 506 IPC. All the sentences shall run concurrently. Accused-appellant has sought interference of this Court in the present Jail Appeal filed from Jail through Jail Superintendent concerned.

(2.) Factual matrix of the case as borne out from First Information Report (hereinafter referred to as "FIR") as well as material placed on record, in brief, is that PW-1, Shatrughan Vishwakarma, presented a written report Ex.Ka-1 in Police Station Gagha, District Gorakhpur stating that a goat of accused-appellant was grazing in his field. His brother, victim Govind Vishwakarma, brought the goat and tied it at the door. He (PW-1), victim Govind Vishwakarma, and Ganesh Sharma (PW-2) of same village went to the house of accused-appellant for complaint. Accused was beating his wife, when they reached the house of accused. They enquired, why he was beating his wife. His goat was grazing in his field, which was apprehended and taken away, whereupon, accused started abusing and extending threat to take life. When he objected to abusing, accused-Lal Chand Gupta took out knife and with intention to kill, stabbed in chest of victim. When PW-1 and PW-2 tried to capture him, he attacked them also with intention to kill. Victim rushed to house and fell down. PW-1 and PW-2 also received injuries in the said incident. While making arrangement to hospital, victim-Govind Vishwakarma succumbed to injuries. Incident took place at about 5:00 p.m. Dead body was lying on the spot. Incident was witnessed by Lok Nath and many persons of village.

(3.) On the basis of a written report Ex.Ka-1, a chick F.I.R. Ex.Ka-2 was registered by PW-3, HC Ramkesh, as Case Crime No.1343 of 2008 under Sections 302, 307, 504 and 506 IPC against accused. Entry of case was made in General Diary, copy whereof is Ex.Ka-3.