- (1.) INSTANT criminal appeal has been preferred against the judgment and order dated 17.01.2008 passed by Additional Sessions Judge/Fast Track Court -1, District Faizbad, in Sessions Trial No.418 of 2003 whereby the appellant -Aganoo was convicted for the offence under Section 304 Part II IPC and was sentenced to undergo Rigorous imprisonment for a period of seven years and also with fine of Rs.2000/ - with default stipulation of three months additional imprisonment.
(2.) IN the aforementioned sessions trial, two other accused persons namely Shiv Prasad and Charanjeet have also faced trial but the trial court has acquitted them from the charges levelled against them.
(3.) IN brief, the facts necessary for the disposal of the present appeal are that in the night of 06.05.2003 during celebration of marriage of son of accused Shiv Prasad a video was being played at his residence and arrangement for the dinner on this occasion was also made. On the point of video display some altercation took place between Shiv Prasad, Charanjeet and Aganoo with Ram Jas, who happens to be father of the complainant Ram Bahore. The accused persons started beating him and on hearing the noise, the complainant and his brother Ram Bharose reached there for the rescue of his father. In the meantime, Aganoo with the help of piece of wood (referred in the FIR as lakdi ka phatta) gave a blow on Ram Bharose's head due to which he became seriously injured. Baijnath and other persons reached there and disbursed the two parties. This incident is alleged to have been caused in the midnight. After the incident, the complainant was taking his injured brother Ram Bharose on cycle trolley for his treatment to the doctor but before he could reach the hospital, Ram Bharose succumbed to the injuries. In the following morning, the complainant Ram Bahore lodged the case at the police station and on the basis of his information, case was registered on 07.05.2003 at 7.15 a.m. at Police Station Raniganj, District Faizabad and a case under Sections 323/304 IPC was registered. Inquest proceedings took place and dead body was sent for post mortem. The Investigating Officer inspected the place of occurrence and prepared site plan and after concluding the investigation, the Investigating Officer submitted charge -sheet against all the three accused persons. The case of the defence was that during altercation the deceased fell on the edge of Pakka well and received injury due to which he died and this FIR was falsely lodged. In order to prove its case, the prosecution has examined PW -1 Ram Bahore, the complainant, PW -2 Baijnath is an independent witness of fact but this witness has not supported the prosecution story and has turned hostile, PW -3 Ram Jas, father of the deceased, who was being beaten by the accused persons and for the rescue of this witness, the complainant and the deceased had gone PW -4 Dr. K.B. Singh, who has performed medical examination of injured Ram Jas, PW -5 Dr. Ashish Prakash Rai, who has conducted the post mortem examination of the deceased, Ram Bharose, PW -6, S.I. Kunwar Bahadur Singh who has investigated this case.;