RAMJI YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by Ramji Yadav S/o Sri Chhannu Yadav, resident of Village Pahari, Police Station Maruadih, District Varanasi against the judgment and order dated 17.09.2015 passed by the Additional Sessions Judge, Court No. 13, Varanasi in Sessions Trial No. 390 of 2011 (State of U.P. Vs. Ramji Yadav) whereby the accused-appellant has been convicted and sentenced under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') to life imprisonment, a fine of Rs. 40,000.00 and in default of payment of fine to one year rigorous imprisonment. It is ordered that Rs. 20,000.00 as realised from fine will be paid to Nihori Yadav the father of the deceased Sanjay Yadav as compensation under Sec. 357 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.'). The trial court has ordered that benefit of Sec. 428 Cr.P.C. be extended to the accused.

(2.) The entire trial court records of the present case went missing from the trial court itself. It had been reconstructed under the order dated 01.12.2014 of the District Judge, Varanasi.

(3.) The prosecution case as per the First Information Report lodged by Nihori Yadav PW-1 is that on 15.01.2011 at 06:15 pm Ramji Yadav was coming from village Kadipur. Sanjay Yadav, his son was standing at the door. Ramji Yadav on seeing his son started hurling abuses. His son then asked him as to why he is abusing on which there were some hot talks between them. Mohan Yadav and Sohan Yadav @ Patali Yadav the brothers of Ramji Yadav then exhorted on which Ramji Yadav who was carrying a 12 bore gun fired from it on his son with an intention to kill him. Persons of village took his son to the hospital. The first informant, his brother and persons of the village have seen the occurrence. Ramji Yadav was apprehended there only. He was also taken to the hospital.