RAM NAGINA SAHNI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 14.4.2017 passed by Additional Sessions Judge/Court No.3, Gorakhpur in Sessions Trial No.74 of 2013, convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and a fine of Rs.20,000/-, in default thereof, he has to undergo six months additional sentence.

(2.) In the present case, name of deceased is Paras Sahni, cousin brother of the accused appellant. It is said that on account of objection raised by the deceased upon construction of a boundary wall on the land of the deceased by the appellant, the appellant on 24.10.2012 at about 7:00 am entered the house of the deceased, who was reading Newspaper at the relevant time, and caused injuries on the deceased's head by an iron rod. The deceased was immediately taken to hospital, but was declared dead. The incident has been witnessed by (PW-1) Narad Sahni (brother of the deceased), (PW-2) Gita Devi (wife of the deceased) and (PW-3) Ram Briksh (brother-in-law of the deceased). On the basis of written report, Ex.Ka.1, lodged about 8:45 am on 24.10.2012, FIR Ex.Ka.5 was registered against the appellant under Section 302 of IPC.

(3.) Inquest on the dead body of the deceased was conducted vide Ex.Ka.2 on 24.10.2012 and the body was sent for postmortem, which was conducted on 25.10.2012, vide Ex.Ka.4 by (PW-5) Dr H R Yadav.