Court No. - 45

Case :- CRIMINAL APPEAL No. - 1647 of 2009

Appellant :- Pinku @ Braham Prakash Gupta

Respondent :- State of U.P.

Counsel for Appellant :- P.K. Srivastava,Alok Tiwari,N.K. Srivastava

Counsel for Respondent :- Govt. Advocate

Hon'ble Manoj Misra,J.

Hon'ble Syed Aftab Husain Rizvi,J.

1.

Heard Mr. P.K. Srivastava, learned counsel for the appellant, learned

A.G.A. for the State and perused the record.

2.

This criminal appeal has been filed against the judgment and order

dated 2.2.2009 passed by Sessions Judge, Pilibhit in Sessions Trial No. 484

of 2007 State of U.P. Vs. Pinku @ Braham Prakash Gupta, Case Crime No.

1223 of 2007, under section 304 IPC, P.S. Sungarhi, District Pilibhit. By the

impugned judgment and order the learned trial court has convicted the

appellant for offence under section 304 IPC and sentenced him to

imprisonment for life and fine of Rs. 10,000/- and in default of payment of

fine rigorous imprisonment of two years.

3.

In brief the prosecution case is that on 10.8.2007 complainant Munni

Devi (P.W. 1) was at her house. There was some dispute regarding partition

of house between her younger son Arvind Gupta and elder son Pinku Gupta

@ Braham Prakash Gupta. At about 12:00 noon due to aforesaid dispute

Pinku Gupta @ Braham Prakash Gupta inflicted knife blows on the

abdomen and neck of Arvind Gupta who became unconscious and fell down.

He was admitted in unconscious condition in district hospital for treatment.

On the noise of complainant many persons arrived at the place of

occurrence.

On the written information of Munni Devi Case Crime No. 1223 of

2007, under section 308 IPC was registered on 10.8.2007 at 18:30 hours. In

the District Hospital the medico legal examination of the injured was

conducted on 10.8.2007 at 1:30 P.M. His statement was also recorded by

Dinesh Kumar Mishra, Naib Tehsildar, P.W. 3 on 10.8.2007 at 6:40 P.M. In

his statement the injured narrated the entire incident and implicated the

accused Pinku Gupta @ Braham Prakash Gupta. During the course of

treatment the injured Arvind Gupta died in the hospital on 11.8.2007 at

3:20 A.M. On account of his death case was converted to section 304

IPC.

4.

S.I. Balveer Singh Chauhan, P.W. 8 conducted the investigation. He

recorded the statements of the complainant and the injured, visited the

place of occurrence and prepared the site plan, collected medico legal

report of the injured. After death of the injured the inquest proceeding

was conducted and the dead body was sealed and sent for postmortem

examination. The Investigating Officer recorded the statements of other

witnesses and after the completion of the investigation submitted the

charge-sheet.

5.

The case was committed to the court of Sessions by C.J.M. Pilibhit

on 18.12.2007. The trial court framed charge under section 304 IPC

against the accused Pinku Gupta @ Braham Prakash Gupta. Accused

pleaded not guilty and claimed for trial. The prosecution produced eight

witnesses who have proved 15 documents marked as Ext. Ka 1 to Ext. Ka.

15. The statement of accused was recorded under section 313 Cr.P.C. and

incriminating circumstances were put to him. In his statement the accused

has stated that the witnesses have given false statements. In additional

statement he has said that some unknown persons have injured his brother

(deceased). He took him to the hospital in injured condition and a false

case has been registered against him. No evidence in defence has been

produced. The learned trial court after hearing the arguments, by the

impugned judgment and order found the appellant-accused guilty for

offence under section 304 IPC and sentenced him as above.

6.

The medical examination of Arvind Gupta (deceased) was

conducted on 10.8.2007 at 1:30 P.M. According to injury report

(Ext.Ka.3) following injuries were found on his person:

1.

Incised wound 3 cm. x .5 cm. x .5 cm. on the left side of

neck, 4 cm. above the