AJIT SINGH,J. - (1.)This criminal appeal has been filed against judgement and order dated 10.12.2004 passed by the Addl. Sessions Judge (FTC), Court no. 8, Gautam Budh Nagar in S.T. No. 500 of 2004 (State vs. Bijendra), Under Sections 307, 326, 504 and 506 I.P.C., P.S. Jewar, district-Gautam Budh Nagar, by which the appellant has been convicted under Sections 324, 506 and 504 I.P.C. and sentenced him to undergo two years and six months Rigorous Imprisonment.
(2.)The prosecution story in brief is that on 18.5.2000 at about 8:00 p.m. the son of the complainant Nagendra was going to the shop of Shankar Lal to purchase some household items, and when he reached the shop of Shankar Lal, the accused-appellant met him. There was some hot talk took place between accused and the Nagendra 4-5 days ago. After seeing Nagendra the present accused started abusing him and when Nagendra objected the accused-appellant assaulted Nagendra with 'Bhalla' with the intention to kill. Nagendra had tried to save himself but due to repeated assault he could not save and as a result he sustained injuries on the chest and vest. The incident was witnessed by shopkeeper Shankar Lal, son of Khacheru and Kunwarpal, son of Murlidhar who were present on the spot had saved Nagendra from the hands of the accused-appellant. Upon hearing the noise, Bhajan Lal, father of injured Nagendra had also reached at the spot. The present accused threatened them with dire consequences and fled away from the spot. The injured was rushed to the Government Hospital, Jewar, thereafter the injured was referred to Bulandshahar Hospital by the Doctor. The matter was reported to the police by the informant at Police Station-Jewar and the case was registered and investigated by the police.
(3.)After completion of investigation the Investigating Officer has submitted charge sheet against the accused and the cognizance was taken by the Magistrate and considering that the case was triable by the Sessions Judge and it was committed to the court of session and the session court charged the accused under Sections 307, 325, 504 and 506 I.P.C.