RAKESH TIWARI, J. - (1.) HEARD Sri I.M. Khan, Raziullah Khan, appearing for the appellant, learned A.G.A. for the State, and perused the record.
(2.) THIS criminal appeal challenges the judgment and order dated 28.2.2006 passed by the Additional Sessions Judge/Fast Track Court No. 1, Pilibhit convicting the appellant under section 302/315/504 IPC and under section 25, 4/25 of Arms Act, sentencing him to undergo rigorous imprisonment for life and fine of Rs.10,000.00 under section 302 IPC, rigorous imprisonment for a period of 07 years and fine of Rs.2000.00 under section 315 IPC, rigorous imprisonment for a period of 6 months, and fine of Rs.500.00 under section 504 IPC, rigorous imprisonment for a period of 02 to pay a fine of Rs.2000.00 under section 25 Arms Act and rigorous imprisonment for a period of one year with a fine of Rs.500.00 under section 4/25 of Arms Act in S.T. No. 621, 622 and 623 of 2003: State Vs. Bankey Lal. Counsel for the appellant has assailed the impugned judgment on the ground that it is against law as well as facts on record; that the findings recorded by the trial court are against the weight of evidence on record; that the sentence awarded to the appellant is too severe and harsh.
(3.) THE matrix of the prosecution in brief is that a written report was submitted by Smt. Shakuntala Devi wife of accused-Bankey Lal, R/O Village-Padri, P.S.-Bilsanda, District-Pilibhit who was her husband in which she averred that she was going from her maika (mother's house), in Village-Rasula Chaudhari, P.S. Fatehganj (West), District-Bareilly with her husband on his motorcycle to his house. When they reached near sugar cane field of Mool Chand son of Lekhraj at about 8.30 P.M., her husband-Bankey Lal stopped the motor cycle and said to her that she is of immoral or of licentious character and that the child in her womb is not his. Saying this, her husband fired two shots at her with country made pistol in order to kill her, but the shots did not hit her and she was able to run into sugar cane crops standing in the field. Thereafter, her husband-Bankey Lal followed her and after throwing her on the ground started piercing her body with knife. Thereafter thinking her to be dead, he ran away. On hearing the retort of firearm, and noise made by her her shrieks some person of the village arrived there and brought her to the police station where she submitted her written report of the incident praying legal action may be taken against her husband on her written report.;