INDAL PASI Vs. STATE OF U P

JUDGEMENT

(1.) Present jail appeal is directed against the judgement and order dated 18.8.2017 passed by Additional Session Judge, Fast Track Court-II, Kaushambi in Session Trial No.509 of 2011 (State Vs. Indal Pasi) under Section 302, 504, 506 IPC, P.S. Pipari, District Kaushambi whereby Trial Court has convicted accused, Indal Pasi, and sentenced him to rigorous imprisonment for life with a fine of Rs.10,000/- under Section 302 IPC and in default of payment of fine, further simple imprisonment of two years; two years rigorous imprisonment with a fine of Rs.2000/- under Section 504 I.P.C. and in default of payment of fine, further imprisonment of three months is directed; and three years simple imprisonment with a fine of Rs.5000/- under Section 506 I.P.C. and in default of payment of fine, further simple imprisonment of six months is directed to be under gone.

(2.) Prosecution case in brief is that P.W.-1 Jitendra Kumar, (husband of village Pradhan) presented written Tehrir (Ex- Ka-1) on 5.8.2011 in the Police Station Pipari, District Kaushambi stating therein that on 05.08.2011 at about 10:30 p.m. accused Indal Pasi son of Ram Khelawan Pasi caused serious injuries to his wife Sangeeta by Ballam. On alarm being raised by victim Sangeeta, many persons of the village reached at the spot whereupon accused Indal Pasi ran away towards the river with bloodstained Ballam, abusing and extending threat to take life. Victim was taken to PS by P.W.1 from where she was sent to Hospital for medical examination which was done by P.W.11 Dr. Arun Kumar Arya where she scummed injuries during the course of treatment. Tehrir (exhibit Ka-1) was got scribed by one Raj Singh son of Late Mewalal.

(3.) On the basis of written tehrir (exhibit Ka-1) P.W.-8 H.M. Ram Adhar Maurya registered Chick F.I.R. (exhibit Ka-3) as Case Crime No.152 of 2011, under Sections 326, 504, 506 IPC, P.S. Pipari, District Kaushambi, made entry of case in G.D. copy whereof is exhibit Ka-4 on record and sent victim Sangeeta for medical treatment to P.H.C. Chayal. She was medical examined by P.W.11 Dr. Arun Kumar who prepared the medico legal report Ex. Ka-17.