REGENT COMPUTRONICS PVT. LTD.

Boby @ Sushil Appellant

V/S

STATE OF UTTAR PRADESH Respondents

Referred Judgements :-

JUDGEMENT

(1.) This criminal appeal has been preferred against judgment and order dated 08.04.2011/11.04.2011 passed by Additional Sessions Judge, Court No. 13, Saharanpur in S.T. No. 705 of 2005 (State vs. Boby @ Sushil), Crime No. 85/435/2005, under Section 302 IPC, P.S. Kotwali Dehat, District Saharanpur and S.T. No. 706 of 2005 (State vs. Boby @ Sushil), Case Crime No. 86/436/2005, under Section 25/4 Arms Act, P.S. Kotwali Dehat, District Saharanpur, whereby the accused-appellant Boby @ Sushil has been convicted under Section 302 Indian Penal Code (hereinafter referred to as IPC) and under Section 25/4 Arms Act. He was sentenced to imprisonment for life along with fine of Rs. 20,000/- under section 302 IPC and rigorous imprisonment of one year along with fine of Rs. 5000/- under Section 25/4 Arms Act. In default of payment of said fine of Rs. 20,000, he has to undergo one year additional imprisonment and in default of payment of said fine of Rs. 5000/- he has to undergo three months additional imprisonment. Both the substantial sentences were to run concurrently.

(2.) Accused-Appellant Boby @ Sushil is brother of deceased Luxman Singh. Prosecution version is that on 04.09.2015 at around 11:50 PM, accused-appellant Boby @ Sushil committed murder of his brother Luxman Singh by inflicting knife blows at his neck. Soon after the incident, he was apprehended by PW-1 constable Naresh Kumar and PW-4 constable Naveen Kumar at a distance of about 30-35 steps from the spot. According to PW-1 constable Naresh Kumar and PW-4 Naveen Kumar, on 04.09.2005 at around 11:20 PM while they were present on picket duty at Rakhha colony culvert, they heard some noise from other side of 'rajwaha' (sub canal) and when they went there, they saw that accused-appellant Boby @ Shushil was coming there and he was having a knife. These police officials stopped him and meanwhile two persons, namely, Subhash and Ramesh of same locality also came there. Accused Boby @ Sushil told that his brother Luxman was fighting with him since evening and due to this reason he has committed his murder by cutting his neck and that his dead body is lying in courtyard of his house. Thus, the said police officials took him to his house where dead body of deceased was lying in courtyard of house. Accused-appellant along with knife was taken to police station by PW-1 constable Naresh Kumar. The said knife was taken into possession vide recovery memo Exhibit Ka-2/3/5.

(3.) On oral statement of PW-1 constable Naresh Kumar, case was registered against accused-appellant Boby @ Sushil under Section 302 IPC and Section 25/4 Arms Act on 05.09.2005 at 2:00 AM vide FIR Exhibit Ka-1.

Click here to view full judgment.

BOBY @ SUSHIL Vs. STATE OF UTTAR PRADESH

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address