(Per: Neeraj Tiwari, J.)

1. The present jail appeal has been preferred by the accused-appellant against judgment and order dated 29.03.2011 passed by Special Judge (SC/ST Act), Allahabad in Sessions Trial No. 642 of 2008 (State Vs. Dada Ghosh) convicting and sentencing the appellant for the offence under section 307 I.P.C. to undergo rigorous imprisonment of 10 years along with fine of Rs. 10,000/-, under section 504 I.P.C. to undergo rigorous imprisonment of one year and under section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "SC/ST Act") to undergo life imprisonment along with fine of Rs. 15,000/-. In case of default in payment of fine, to further undergo for additional simple imprisonment of one year and one and half years respectively.

2. The brief facts as stated by informant Raj Kumar in first information report (hereinafter in short "FIR") are that on 9.4.2008 his father Kallu S/o Dheeraj was drinking tea in the shop of Lala at Baluaghat crossing. Informant and one Suraj Soni S/o Jamuna Prasad, 1119/6, Dariabad, P.S. Attarsuiya were also taking tea and at the same time, the appellant Dada Ghosh S/o Sambhu Ghosh R/o Lallu Panda Ka Hata, Babaji Ka Bagh, Allahabad, presently residing at Baradari, Baluaghat at river bank of Yamuna having no home or family came with knife in hand and due to previous enmity, started abusing the father of the informant and with intention to kill, assaulted on the neck of the father of the informant causing serious injury. Informant along with Suraj Soni intervened in the matter. Looking the serious condition of his father, informant immediately took him to Kalvin Hospital and where from he was referred to SRN Hospital for better treatment. He was admitted there in Ward No. 11 and was under treatment. After improvement in the condition of his father, the informant submitted application for lodging FIR. Since informant was busy in treatment he could not give the information immediately.

3. On the basis of written statement Ext. Ka-1, chik FIR Ext. Ka-4 was registered on 10.4.2008 at 9:20 against the appellant-accused and same was endorsed on same day and time in GD entry (Ext. Ka-5).

4. Thereafter, matter was investigated by Sri Upendra Kumar Agarwal, Investigating Officer, Additional S.P./ Circle Officer. He recorded the statement of all the witnesses of incident and also visited the place of occurrence in the presence of informant and witnesses and also prepared site plan (Ext. Ka-7). After completion of investigation, charge sheet Ext. Ka-8 was submitted. Cognizance was taken by the Magistrate concerned and case being exclusively triable by the Sessions Court was committed for trial vide order dated 27.9.2008.

5. Accused-appellant appeared and charges under sections 307, 504 I.P.C. and under section 3(2)(5) SC/ST Act were framed in trial court to which accused pleaded not guilty and claimed his trial.

6. Trial proceeded and in order to prove the charges, prosecution examined P.W. 1 (Kallu Lal) injured, P.W. 2 Suraj Soni, P.W. 3 Raj Kumar (informant), P.W. 4 Dr. Sachin Jain (Assistant Professor, ENT Department, Moti Lal Nehru Medical College, Allahabad), P.W. 5 Constable 220 Ganesh Dutt Pandey, P.W. 6 Dr. Rajesh Srivastava Cardiologist, P.W. 7 Sri Upendra Kumar Agarwal (Investigating Officer) and P.W. 8 Dr. Kuldeep Singh. After closure of prosecution evidence, statement of accused-appellant under section 313 Cr.P.C. was recorded in which he denied the prosecution story and attributed his false implication in the case due to old family enmity. No defence evidence was adduced by the appellant.

7. After hearing learned counsel for prosecution and defence, trial court found that prosecution has fully succeeded in proving the charges against the accused-appellant beyond reasonable doubt and accused-appellant was convicted and sentenced as above, hence this jail appeal.

8. Heard Sri Arvind Kumar Srivastava, learned Am