SATYA DEO Vs. STATE OF U.P.
LAWS(ALL)-2014-4-9
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on
April 03,2014
SATYA DEO
Appellant
VERSUS
STATE OF U.P.
Respondents
Referred Judgements :-
SHIVALINGAPPA KALLAYANAPPA V. STATE OF KARNATAKA [REFERRED TO]ABDUL SAYEED VS. STATE OF M.P. [REFERRED TO]
ANNAREDDY SAMBASIVA REDDY AND ORS. V. STATE OF ANDHRA PRADESH [REFERRED TO]
RAMLAGAN SINGH VS. STATE OF BIHAR [REFERRED TO]
MALKHAN SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
MACHHI SINGH VS. STATE OF PUNJAB [REFERRED TO]
APPABHAI VS. STATE OF GUJARAT [REFERRED TO]
BONKYA ALIAS BHARAT SHIVAJI MANE OTHERS VS. STATE OF MAHARASHTRA [REFERRED TO]
JOSEPH VS. STATE OF KERALA [REFERRED TO]
STATE OF UTTAR PRADESH VS. KISHAN CHAND [REFERRED TO]
DINESH KUMAR VS. STATE OF RAJASTHAN [REFERRED TO]
JARNAIL SINGH VS. STATE OF PUNJAB [REFERRED TO]
VISHNU VS. STATE OF RAJASTHAN [REFERRED TO]
BALRAJE ALIAS TRIMBAK VS. STATE OF MAHARASHTRA [REFERRED TO]
MANO DUTT VS. STATE OF U P [REFERRED TO]
KRISHAN VS. STATE OF HARYANA [REFERRED TO]
JUDGEMENT
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(1.)Heard learned counsel for the appellant, learned A.G.A. and perused the record.
(2.)This criminal appeal has been filed against the judgment and order dated 25.01.2003 passed by the Additional Sessions Judge, Raebareli in Session Trial No.621 of 2001, by which the appellant has been convicted for the offence punishable under Section 324 I.P.C.
(3.)As per prosecution case, the First Information Report was lodged by Sunil Kumar on 03.12.1998 stating that when his brother Shiv Dutt was chaining the child buffalo (Padiya), then at about 6.30 a.m. Ram Narayan armed with lathi and Satya Dev armed with country made pistol came from the window of Banwari and upon the exhortation of Ram Narayan, Satya Dev had opened the fire with the intention to cause death upon the brother of the complainant, which attacked him on his buttocks. The accused persons had escaped from the spot and the incident was seen by Mewalal, the daughter and wife of Jaggan Nath Tewari. The incident was committed due to old enmity and a dispute day before the incident. The case was registered at crime No.337 of 1998 for offence punishable under Section 307 I.P.C. After the investigation, the charge-sheet was filed for the offence punishable under Section 307 I.P.C., for which the appellant along with Ram Narayan was charged. The appellant denied the charge and claimed trial.
(2.)This criminal appeal has been filed against the judgment and order dated 25.01.2003 passed by the Additional Sessions Judge, Raebareli in Session Trial No.621 of 2001, by which the appellant has been convicted for the offence punishable under Section 324 I.P.C.
(3.)As per prosecution case, the First Information Report was lodged by Sunil Kumar on 03.12.1998 stating that when his brother Shiv Dutt was chaining the child buffalo (Padiya), then at about 6.30 a.m. Ram Narayan armed with lathi and Satya Dev armed with country made pistol came from the window of Banwari and upon the exhortation of Ram Narayan, Satya Dev had opened the fire with the intention to cause death upon the brother of the complainant, which attacked him on his buttocks. The accused persons had escaped from the spot and the incident was seen by Mewalal, the daughter and wife of Jaggan Nath Tewari. The incident was committed due to old enmity and a dispute day before the incident. The case was registered at crime No.337 of 1998 for offence punishable under Section 307 I.P.C. After the investigation, the charge-sheet was filed for the offence punishable under Section 307 I.P.C., for which the appellant along with Ram Narayan was charged. The appellant denied the charge and claimed trial.
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