TRILOK Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Sharma, learned counsel for the appellant, Sri D.N. Tiwari, learned A.G.A. for the State and perused the record.

(2.) This criminal appeal has been preferred by the appellant-Trilok against the judgment and order dated 17.2.2014 passed by the learned Additional Sessions Judge, Court No. 12, Gorakhpur in S.T. No. 31 of 2007, arising out of Case Crime No. 20 of 2005, under Sections 308, 323, 504 and 506 I.P.C., Police Station Chaurichaura, District Gorakhpur whereby the appellant-Triloki was convicted and sentenced under Section 308 I.P.C. for seven years rigorous imprisonment with fine of Rs. 5,000/- and in case of default of payment of fine, he was directed to undergo further three months additional imprisonment and under Section 323 I.P.C. for one year rigorous imprisonment with fine of 1,000/- and in case of default of payment of fine, he was directed to undergo further one month additional imprisonment. Both the sentences shall run concurrently and the amount of fine if deposited by the appellant, Rs. 3,000/- (three thousand) shall be paid to the injured.

(3.) In nutshell, according to prosecution case, one N.C.R. was lodged against the appellant under Sections 323, 504 and 506 I.P.C. on the basis of an application under Section 155(2) of Cr.P.C. and an order was passed for investigation of the case by the Chief Judicial Magistrate, Gorakhpur vide dated 14.10.2005 alleging therein that on 10.10.2005 at 11:00 a.m. Trilok, who was the tenant of another house situated besides the informant house, had assaulted Lilawati by iron rod and abused her and Shambhoo Lal and Nand Kishore @ Raj Kishore had caught hold of Lilawati. She received eleven injuries. Injuries no. 1 to 10 are lacerated wounds caused on head and injury no. 11 is abraded contused swelling, out of which injury no. 1 was grievous in nature due to which fracture was found.