NAND LAL CHAUBEY Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal under Section 383 Cr.P.C. has been filed by accused-appellant Nand Lal Chaubey @ Chintamani Chaubey through Senior Superintendent, Central Jail, Varanasi against judgment and order dated 27.08.2011 passed by Sri J.P. Yadav, Special Judge (E.C. Act), Mirzapur in Sessions Trial No.237 of 2007, under Sections 302 and 307 IPC. By the impugned judgment, accused-appellant has been convicted under Section 302 and 307 IPC. Under Section 302 IPC, he has been sentenced to undergo life imprisonment along-with fine of Rs.2,000/-, In the event of default of payment of fine, he has to undergo further one year's additional Rigorous Imprisonment (hereinafter referred to as "RI"). He has been sentenced to undergo seven years RI, under Section 307 IPC and also with a fine of Rs.2,000/-. In case of default in payment of fine, one year's additional RI has to be suffered by him. Both the sentences have been directed to run concurrently.

(2.) The facts emanating from Fist Information Report (hereinafter referred to as "FIR") and the material available on record may briefly be stated as under, for adjudication of this appeal:-

(3.) It appears that on 28.01.2007, an application Ex.Ka-15 was allegedly given at Police Station Ahiraura, District Mirzapur by PW-7 Arif written by accused-appellant Nand Lal Chaubey @ Chintamani Chaubey, stating that at 08:00 AM, he had gone to Robertsganj and when he came back to his house, he saw that his wife Monika, Sharad, Johny, Baby, Manisha and other two children Kavita and Ajit having taken their meal were planning to sleep. He was asked by his wife Monika to take meal but he did not take. He was offered cake which had been received from Duddhi but as soon as he wanted to eat the cake, his elder son Johny fell down and become unconscious. Accused-appellant became nervous and called his neighbors for help and asked for vehicle but no vehicle could be arranged. Thereafter he went to hospital and from there he arranged for the vehicle and took them to hospital.