SHRAVAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Instant Jail Appeal arises out of impugned judgment and order dated 09.09.2010 passed by the Additional Sessions Judge, Court No.12, Aligarh in Sessions Trial No.1019 of 2008, convicting the appellant under Section 302/34 of Indian Penal Code and sentencing him to undergo imprisonment for life with a fine of Rs.10,000/-; in default thereof, three months additional simple imprisonment.

(2.) The entire case, in a nutshell is, that complainant Smt. Rani (PW-1) w/o Kalyan Singh, lodged a complaint (Ex Ka.1) on 07.03.2008 at 00.15 am, alleging that on 06.03.2008 at 10.30 pm, her son Santosh was repairing electric wire from an electric pole adjoining wall of the accused on which accused Raju came and had hot talk to deceased Santosh. After hearing noise, complaint (PW-1), her husband Kalyan Singh (PW-2) and her brother-in-law (Devar) [not examined], reached to the place of incident; they saw Raju caught hold her son Santosh; appellant Shravan was assaulting to the deceased with knife and when they saw their son, then accused Raju and Shravan fled away. The deceased brought to the hospital by his parents for treatment, but the doctor declared him dead.

(3.) On the basis of aforesaid written complaint, a First Information Report (Ex. Ka.3) was registered as Crime No.91 of 2008 contemplating offences punishable under Section 302 of IPC against the accused persons.