The court held that the accused lacked intent to kill, resulting in conviction for culpable homicide under Section 304 IPC instead of murder under Section 302 IPC.

JUDGMENT :

UMESH CHANDRA SHARMA, J.

1. Heard Sri Atul Verma, learned counsel for the appellant, learned Additional Government Advocate for the State and perused the record.

2. This appeal has been preferred by the appellant against the order passed by the Sessions Judge, Lucknow dated 30.04.2019 in Sessions Trial No. 215 of 2012 (State vs. Rahul) arising out of Case Crime No. 219 of 2011, under Sections 354 , 452, 307, 302 IPC, Police Station Wazirganj, District Lucknow whereby the appellant has been convicted under Section 4 52 IPC, 307/34 IPC, 354 IPC, 307/34 IPC, 302/34 IPC and Section 4 /25 ARMS ACT . The appellant has been sentenced to undergo four years imprisonment and alongwith fine of Rs.1,000/- under Section 4 52 IPC; one year imprisonment and alongwith payment of fine of Rs.1,000/- under Section 354 IPC, five years rigorous imprisonment alongwith fine of Rs.2,000/- under Section 307 /34 IPC and life imprisonment alongwith fine of Rs.2,000/- under Section 302 /34 IPC with default stipulation. Under Sections 4 /25 ARMS ACT he has been sentenced to undergo one year imprisonment alongwith fine of Rs.1,000/- with default stipulation. It was also directed that the period already spent under incarceration would be adjusted in the ultimate sentence and all the sentences shall run concurrently.

3. In brief, facts of the case are that the informant Jitendra lodged an FIR alleging that on 19.07.2011 at about 02:15 p.m. when his sister Kumari Santoshi and mother Smt. Savitri Devi were in the house, Rahul (the appellant) and Bablu @ Anand resident of Lukarganj, Police Station Khuldabad, Allahabad entered his house and started molesting his sister and when it was opposed by his mother, Rahul attacked his sister Santoshi and Bablu attacked his mother Savitri Devi with an intention to kill her with the knife. On commotion when the informant and neighbours reached, they escaped from the spot. Both these accused used to visit his house 2-3 times and used to talk with his sister on mobile prior to the incident and therefore the complainant knew them very well. As a result of the sudden attack blood started oozing from the neck of his mother and was serious. His sister also sustained injuries. He had admitted his injured mother at Trauma Center. Complaint was reduced in writing by Narsingh Sengar for lodging of FIR and necessary action.

4. On the basis of written complaint of the informant, a case under Section 354 , 452, 307 IPC was lodged at Crime No. 219 of 2011 against the accused Rahul and Bablu. The Investigating Officer (IO) started investigation and prepared the site plan. During the course of treatment Smt. Savitri Devi died. After recording the statements of the witnesses and collecting the evidence, a charge sheet under Sections 354 , 452, 307, 302 IPC was submitted to the Court concerned. During the trial, co-accused Bablu was declared to be juvenile. Hence, his case was segregated and tried separately. A charge und