PRAMOD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Pramod sole appellant in the above mentioned appeal, has challenged the order dated 19-12-80 passed by the then Session Judge, Lalitpur in Sessions Trial No. 40 of 1980 whereby he has been convicted and sentenced to life imprisonment under Section 302 of the Indian Penal Code and four years R.I. under Section 452 of the Indian Penal Code. Both the sentences are to run concurrently.

(2.) The deceased of this case was Smt. Kiran who at the time of occurrence was staying in the house of her father Kadore Lal in village Talbehat within the circle of Police station Talbehat, Lalitpur. Appellant also belonged to the same village.

(3.) The wood cut profile of the prosecution story is that about two and half years prior to the occurrence in question, appellant Pramod had assaulted Brij Kishore brother of Smt. Kiran and a report in respect thereof was made against the appellant. On the same evening appellant came to the residence of Brij Kishore, abused and assaulted Kiran and her mother. An FIR of this incident was lodged by Kiran against the appellant and when the appellant was being tried in Court, she deposed against him as a prosecution witness. On account of all these factors, appellant was bearing enmity towards her.