RANJEET @ JAMIDAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Dwivedi, learned amicus curiae for the appellant and Sri Pankaj Kumar Tiwari, learned Addl. G.A. for the State.

(2.) This appeal is directed against the judgment and order dated 22nd December, 2001 passed by learned Additional Sessions Judge/Special Judge, Essential Commodities Act, Sultanpur, in Sessions Trial No.353 of 1996 titled as State vs. Ranjeet @ Jamidar, whereby the appellant has been convicted for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as "I.P.C.") and sentenced to undergo rigorous imprisonment for life and to pay fine for a sum of Rs.5,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months. The appellant has also been convicted for the offence under Section 324 of I.P.C. and sentenced to undergo rigorous imprisonment for three years and to pay fine for a sum of Rs.5,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.

(3.) The facts as unfolded during trial of the case are that the complainant, Ram Bahadur Yadav S/o Dwarika Prasad lodged a complaint on 15.05.1996, in which, he stated that on the intervening night of 14/15.05.1996 at about 11:00 PM, marriage procession (barat) had come to his village, on hearing of yelling of mother of Murali S/o Lal Bahadur, he went towards her house and saw that the appellant, Ranjeet @ Jamidar, who belongs to his village was beating to his bhabhi, Shivkali with kulhadi (axe) as a result of which she received injuries on her head and stomach, when he tried to separate her, he was also attacked on head by accused, when they cried then Murali, Chhatai and other persons came there and at that time Ranjeet @ Jamidar ran away from the spot.