LUTAWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Gaurav Kumar Shukla, learned counsel for the appellant, Sri Nishant Singh, learned A.G.A. for the State and perused the lower court record.

(2.) This criminal appeal is directed against the judgment and order of conviction dated 25.04.2009 passed by Additional Sessions Judge, Fast Track Court, No. 3, Basti in Special Sessions Trial No. 12 of 1995, whereby appellant has been convicted and sentenced for committing offence under Section 304-I/34 I.P.C. for a period of 10 year rigorous imprisonment and a fine of Rs. 10,000/- and under Section 3(2)(V) of S.C./S.T. Act for a period of 10 years rigorous imprisonment and a fine of Rs. 20,000/- along with default clauses.

(3.) The prosecution case is that the first informant, Dhobi, gave an application dated 24.04.1995 before Kotwali, Khalilabad stating that his wheat crop was harvested and kept; that its thrashing was required and he went to the machine of appellant, Lutawan, with 4-5 bundles of wheat on 23.04.1995 at about 10:00 p.m along with his father and brother, Pramod; that appellant and his son, Tara Lal Nishad, stated that first you pay the cost of thrashing of wheat and only then they will do the same; that first informant stated that he will pay the cost and asked them to do his work; that appellant got annoyed and after abusing the informant and others accompanying him, exhorted his son, Tara Lal Nishad, who caused injury by sariya (rod) on his brother, Pramod, and he got injured; that informant took Pramod to Medical College, Gorakhpur, for treatment and he died in the Medical College, Gorakhpur; that after post-mortem of the deceased he went to the police station and lodged the report at 24.04.1995 at 20:30 hours; that the aforesaid F.I.R. was registered as Case Crime No. 140 of 1995, under Section 304 I.P.C. and Section 3(2)(V) of S.C./S.T. Act.