- (1.) THIS appeal is directed against the judgment and order dated 26.10.2012, passed by Additional Sessions Judge, Court No. 9, Barabanki, convicting the appellant under Section 307 IPC and sentencing him to undergo imprisonment for life with fine of Rs.10,000/ - and in default of payment of fine, he was directed to undergo one year additional simple imprisonment.
(2.) BRIEFLY stated, according to the prosecution case, informant Ram Shanker Maurya, resident of village Usmanpur, P.S. Kothi, District Barabanki lodged a written report at P.S. Ram Nagar, alleging that on 14.11.2008, he had come to the house of his brother -in -law Rakesh Kumar and his son Shivam, for Bidai of his sister Sushila. On 15.11.2008 at about 6 a.m., when his sister was returning after answering the call of nature and she reached near a Goolar tree, adjacent to Kakarahiya, accused Awadhesh Kumar alias Adhesh and and his son Akhilesh Kumar, both being elder brother and nephew respectively of his brother -in -law Rakesh Kumar, who were bearing ill -will on account of a dispute relating to partition and were standing under the said Goolar tree, started abusing and assaulting his sister with Gandasa. On the alarm raised by his sister, he, his brother -in -law Rakesh Kumar alongwith Shivam, Vimal and several other persons reached the place of incident and on their reprimanding, the accused persons ran away from the scene. The injured was brought to the police station and report of the incident was lodged against the accused. The chik F.I.R is Ext.Ka 5 and the G.D. Entry is Ext.Ka 6.
(3.) S .I. Dhruv Chandra Maurya took up the investigation of the case. He recorded the statements of the witnesses and prepared site -plan Ext.Ka 7. He also prepared recovery memo of blood -stained clothes of the injured Ext.Ka 2. Injured Smt. Sushila was medically examined and her medical examination report is Ext. Ka 3. The Investigating Officer also prepared recovery memo of blood -stained and plain earth Ext.Ka 8 and recovery memo of weapon of crime Ext.Ka 9. He also prepared site -plan of the place from where the weapon was recovered, which is Ext.Ka 10. After conclusion of the investigation, charge -sheet Ext.Ka 11 was submitted against the accused persons under Sections 307, 326, 324, 504, 506 IPC and 7 Criminal Law Amendment Act. The case of Akhilesh Kumar was separated as he was declared juvenile.;