BABBAN Vs. STATE OF U P

JUDGEMENT

(1.) is appeal has been preferred by appellant-Babban against the judgment and order dated 20-10-1981 passed by Sri. J.S. Mishra, the then 1st Additional Sessions Judge, Basti in Sessions Trial No. 62 of 1980 (State v. Babban) whereby the appellant has been convicted under Section 307, I.P.C. and sentenced to undergo 5 (five) years R. I.

(2.) The brief facts of the case are that Chhotkan (complainant) lodged a report on 14-11-1976 at about 11.30 a.m. at Police Station Rudhauli, District Basti with the allegations that on 14-11-1976 at about 11.00 a.m. accused Babban had assaulted his (Chhotkan) wife Smt. Dhanpati by knife while she was cutting grass in the plot of one Govind.

(3.) The prosecution examined Chhotkan (P.W. 1) informant of the case, Smt. Dhanpati (P.W. 2) the victim and Jamuna Prasad (P.W. 3), Kanhai (P.W. 4) and Sri Govind (P.W. 5) as eye-witnesses of the case. On appreciation of their statements, the learned Sessions Judge convicted and sentenced the appellant. In this appeal, the appellant was contested on the ground that the appellant was a juvenile on the date of alleged offence and he could not have been sent to jail.