- (1.) The instant jail appeal has been preferred at the instance of the appellant Ram Khelawan Yadav from District Jail, Pratapgarh against the judgment and order of conviction dated 11.12.2013 passed by Special/Additional Sessions Judge, Pratapgarh in Sessions Trial No.457 of 2011, under Sections 302, 309 IPC arising out of Case Crime No.133 of 2011, Police Station Manikpur, district Pratapgarh, whereby the appellant has been convicted and sentenced to 7 years rigorous imprisonment with fine of Rs.5000/ - under Section 304 (2) IPC, in case of default, he will have to suffer one year additional imprisonment. Appellant has been acquitted of charge under Section 309 IPC.
(2.) Heard Sri Dheeraj Srivastava, amicus curiae for the appellant and Sri S.A.M. Zaidi, learned AGA for the State and perused the record. Prosecution story, as reflected from record appears to be that Vimla Devi wife of Rajesh Kumar Yadav, lodged a written report at Police Station Manikpur, District Pratapgarh on 23.4.2011 to the effect that today i.e. 23.4.2011 at about 11:30 a.m., her father -in -law Jagdish Prasad Yadav was carrying wheat stack on his head from agricultural field to his home. As soon as he reached in front of house of Ram Khelawan Yadav on road, suddenly Ram Khelawan Yadav appeared on the scene possessing farsa (axe like weapon) in his hand and assaulted with it her father -in -law Jagdish Prasad Yadav on his right leg below knee. On alarm being raised, Ram Khelawan Yadav fled away inside his home. Having seen a good number of people who had arrived on the spot, he consumed poison standing on the doorstep of his house. Report be lodged and action be taken. This written report is Exhibit Ka -1 on record.
(3.) The entry of Exhibit Ka -1 was taken down in the Check FIR at Crime No.133 of 2011, under Sections 324, 309 IPC at Police Station Manikpur, district Pratapgarh at 12.15 P.M. on 23.4.2011. Check FIR is Exhibit Ka -7. On the basis of above entry case was registered at Report No.22 of General Diary dated 23.4.2011 at 12.15 P.M. at Police Station Manikpur at case crime no.133 of 2011, under Sections 324, 309 IPC against accused -appellant. Copy of the same is Exhibit Ka -8 on record.;