SHIV KUMAR AND ORS. Vs. STATE OF U.P.
LAWS(ALL)-2019-5-466
HIGH COURT OF ALLAHABAD
Decided on May 31,2019

Shiv Kumar and Ors. Appellant
VERSUS
STATE OF U.P. Respondents




JUDGEMENT

- (1.)Heard Sri Manoj Kumar Singh, learned counsel for appellant No.1 Shiv Kumar, Sri Devesh Pandey, learned counsel for appellant No.2 Smt. Phulwasi alias Phulwasiya and appellant No.3 Nakhru alias Ram Nath Yadav as well as Sri Hari Pratap Gupta, learned AGA for the State and perused the record.
(2.)This criminal appeal has been preferred by Shiv Kumar, Smt. Phulwasi alias Phulwasiya and Nakhru alias Ram Nath Yadav and under Section 374(2) Cr.P.C. against judgment and order dated 7.3.2008 passed by Additional Sessions Judge(FTC), Sonbhadra passed in Special Session Trial No. 32 of 2007(State vs. Shiv Kumar and others) arising out of Case Crime No.3 of 2007, Police Station Machi, District Sonbhadra whereby Shiv Kumar, Phulwasi @ Phulwasia and Nakhru @ Ram Nath Yadav were convicted under section 304 Part-1, 307/34 IPC and sentenced to seven years' rigorous imprisonment with fine of Rs.5000/- each under section 304 Part-1 IPC and five years' rigorous imprisonment with fine of Rs.5000/-each under Section 307/34 IPC. In failure to deposit fine, they were directed to undergo additional three months simple imprisonment each under Sections 304 Part-1, 307/34 IPC and all sentences to run concurrently. They were acquitted under Section 3(1) 5 of SC/ST (Prevention of Atrocities) Act.
(3.)In the nutshell, FIR was lodged by Ram Sewak against Shiv Kumar, wife of Shiv Kumar and Nakhru alleging that on 17.5.2007 at 5 P.M. Ram Bachan and his wife Premiya Devi were found seriously injured; both injured stated that Shiv Kumar, wife of Shiv Kumar and Nakhru assaulted them with axe and stick(danda). Ram Bachan died after two hours and injured Premiya was admitted in the hospital; the reason behind assault was with regard to possession over the land. Deceased Ram Bachan received following ante-mortem injuries:-
1) Abrasion on right side of face sixe 7.0 cm x 3.0 cm just below outer angle of right eye, dry blood clot present.

2) Lacerated wound on front of left forearm size 6.0cm x 1.0 cm. Bone deep, dry blood clot present 4.0 cm below elbow joint.

3) Cut injury while thickness of left thumb cut part attached to body of thin skin.

4) Cut injury on palmer aspect of right hand sixe 6.0 cm x 1.0 cm , dry blood clot present bond deep.

5) Cut injury on front of right wrist joint size 4.5 x 1.0 cm bone deep. Dry blood clot present.

Apart from above antemortem injuries, there were following injuries

1) Fracture on ulna and radius bone on left forearm.

2) Fracture of proximal phalanx of left thumb.

Doctor opined that cause of death was hemorrhage and shock due to antemortem injuries.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.