RAJVIR Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal arises out of a judgment and order of the Additional Sessions Judge (Court No. 2), Kannauj dated 20.8.2008, convicting and sentencing the Appellant to imprisonment for life and fine of Rs. 5000/- under Section 302, IPC. In default of payment of fine, the Appellant was to further undergo additional imprisonment of six months.

(2.) We have heard Sri O.P. Dwivedi, learned Counsel for the Appellant and the learned A.G.A. and have perused the record.

(3.) The prosecution version as mentioned in the FIR lodged by PW1 Smt. Rani wife of deceased Yogendra alias Dangali at P.S. Gursahaiganj, district Kannauj at 4.10 p.m. on 26.12.05 was that there was some earlier dispute of the deceased with the Appellant Rajvir over a passage regarding which the matter had been compromised at the instance of villagers. On 25.12.2005, the deceased Yogendra Singh Jatav alias Dangali, the Appellant Rajvir and some others were playing cards under a 'Jamun' tree, opposite the 'Khandahar' of Dhannu in village Bargawa. A(about 5.00 p.m., the informant Smt. Rani, her younger son Dileep aged about 8 years and her father Ram Nath reached there to call her husband. There she found that the Appellant and the deceased were quarrelling over wins and losses in the card game. At that time the Appellant Rajvir, after abusing the deceased, stabbed him on the left side of his chest with a knife. The informant rushed her husband on a tractor to Dr. Subhash's hospital. She returned to her village thereafter but as her husband's condition started deteriorating she carried her husband on a 'Marshal Jeep' to Kanpur. But on the way he died and the dead body of the deceased was carried to her village. After leaving the dead body there, she went to the police station Gursahaiganj, district Kannauj, where she lodged the report (Ext. Ka-1) against the Appellant at case crime No. 1350 of 2005, under Section 302/ 504, I.P.C on 26.12.05.