UMADUTT KOUSHIK Vs. STATE OF M P

JUDGEMENT

(1.) The Additional Sessions Judge, Chhatarpur vide his judgment dated 10-9-1980 passed in Sessions Trial No. 200 of 1976 convicted accused-appellant Umadutt Kaushik under Sections 307 and 344 of the Indian Penal Code and sentenced him to rigorous imprisonment for five years and a fine of Rs. 1000/- and rigorous imprisonment for six months and a fine of Rs. 200/- for the two offences. It was ordered by him that the two substantive sentences of imprisonment awarded to the accused-appellant would run concurrently. It was also ordered by him that in case of default in payment of fine amounts the accused-appellant would have to undergo further imprisonment as mentioned in the judgment. This appeal by the accused-appellant is filed against his abovesaid convictions and sentences.

(2.) The accused-appellant was a resident of village Mahoba in Chhatarpur district. Previously he had been working as a teacher. However, later on, he became an Advocate and started practising law. Acquitted accused Ramdutt was elder brother of the accused appellant and worked as a Vaidya in the village. Acquitted accused Fulan Dulaiya was the mother of the two accused persons. The victim in connection with the offences alleged against the three accused persons was Savitri (P.W. 2). She had been married to the accused-appellant round about the year 1965. Nathuram (P.W. 14) was the father of Savitridevi. Jankidevi was her mother. Vishvakant (P.W. 9) was her brother. Dwarka Prasad (P.W. 1) was her uncle. Kamta Prasad was her maternal uncle. Nathuram and Dwarka Prasad were residents of village Ajner of district Hamirpur in Uttar Pradesh. Jageshwar Prasad (P.W. 19) was Kamta Prasads son and thus her cousin. Jageshwar Prasad was in the Uttar Pradesh police service and was working as a constable at Mowranipur at the relevant time.

(3.) The case against the accused-appellant and the two acquitted accused persons was that In the incident that took place on the night intervening 31st March and 1st April, 1975 when Savitridevi was residing in their house in village Mahoba district Chhatarpur, the accused-appellant attempted to commit murder of Savitri devi by firing a gun shot with a 12 bore gun at her and accused Ramdutt and Fulan Dulaiya rendered assistance to accused appellant Umadutt in making the said attempt. The further case against the three accused persons was that they wrongfully confined Savitri devi for about 10 days or more commencing from the time mentioned above.