KHUSHHAL SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri Dr. Abida Syed, learned amicus curiae for the appellant, Sri Pradeep Kumar, learned AGA for the State and perused the record.

(2.) By way of instant Jail Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 24.2011 passed by the Sessions Judge, Pilibhit in Session Trial No.445 of 2009 pertaining to case crime no. 207 of 2009, under sections 307, 504, 506 I.P.C. Police Station- Sehramau Uttari, District Pilibhit, whereby the accused-appellant has been convicted and sentenced to undergo ten years' R.I. under Section 307 IPC; and he has been acquitted of charges under sections 504, 506 I.P.C.

(3.) The brief prosecution story as discernible from record appears to be that the informant- Shiv Pal Singh P.W.-4, lodged written report - Ext. Ka.-5, at police station- Sehramau Uttari, District- Pilibhit on 12.6.2009 at about 4.30 P.M. at aforesaid case crime no. 207 of 2009 against the Khushhal Singh (accused- appellant) s/o Gurubaksh Singh to the effect that the informant's sister- Surender Kaur- was wedded to the appellant about 10 years ago. The informant's sister Surender Kaur was the owner of 10 acres of land, to which the accused- appellant was willing to occupy the same. The sister of the informant refused to give her land, due to which, the accused (informant's brother-in-law) became inimical towards his sister. Informant's sister began to reside separately in a house in informant's village- Singhpur- and also took one Sarafat Ali s/o Hamid Ali as her servant. On 10.6.2009 at about 10.00 P.M. Khushal Singh accused- appellant came to the house of his sister and asked for the land in question to be given to him, which was refused by her then the accused appellant abused her and threatened that he will kill her and will become successor of the land in question and began to assault sister of the informant by inflicting repeated knife blows. On alarm being raised, servant Sarafat Ali tried to save sister of the informant, whereupon, he too was assaulted by causing knife blow on his neck by the appellant, due to which, he fell down and in the meanwhile, on hearing the noise, the informant along with his wife- Kuldeep Kaur- rushed to the spot and saved his sister. Khushhal Singh (accused- appellant) fled away from the scene.