GOPAL GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the Judgment and order dated 31.8.2004 passed by Additional Sessions Judge (Fast Track), Maharajganj in Sessions Trial No. 218 of 2003 by which accused-appellant Gopal was convicted under Section 302 I.P.C. for life with fine of Rs. 50,000/- and in default thereof imprisonment for one year; under Section 323 I.P.C. for six months with fine of Rs.1,000/- and in default thereof two months rigorous imprisonment; under Section 324 I.P.C. one year imprisonment with fine of Rs.5,000/- and in default thereof six months imprisonment; and lastly, under Section 326 I.P.C. for seven years rigorous imprisonment with fine of Rs.10,000/- and in default thereof one year further imprisonment. All the sentences were directed to run concurrently.

(2.) Prosecution story, in nutshell, is that informant (P.W.4) Ganga Prasad, who is the Gram Pradhan of Gram Panchayat Dhani, presented a written report at Police Station Vrijmanganj, District Maharajganj alleging that on 6.8.2003 at about 5 a.m. Gopal, son of Nand Kishor due to financial conflict assaulted his brother-in-law Govind son of Ram Lakhan with pointed rod whereby Govind sustained grievous injuries on his eyes. Upon hues and cries of the children of injured, Gopal further assaulted his niece Pattu @ Girija and nephew Raghav with the said pointed rod and both of them were grievously injured. All the three were sent to the District Hospital Gorakhpur in critical condition same day. This incident was witnessed and heard by several persons. As none of the family members of injured Govind was available, he being village pradhan gave this information.

(3.) On the said written report, on 7.8.2003 at about 9.30 a.m., an F.I.R. was registered as Case Crime No. 315 of 2003 under Section 323, 324, 326 I.P.C. During treatment, injured Anand Kand @ Govind expired on 7.8.2003 at about 8.45 a.m. An information about his death was communicated to the police that was entered in G.D. No. 17 at 10 a.m. on 7.8.2003 (Ext. Ka-16) and thereafter by G.D. No. 19 at 12.30 a.m. on 9.8.2003, offence was converted under Section 304 I.P.C., i.e., (Ext. Ka-17).