BAKSHRAJ Vs. STATE OF U P

JUDGEMENT

(1.) The present Criminal Appeal is being preferred against the judgment and order dated 30.04.2013 passed by Additional Sessions Judge, (Ex Cadre Post) II, Fatehpur in Session Trial No.43 of 2010 (State vs. Bakshraj) arising out of Case Crime No.106 of 2009, under Section 302 I.P.C., Police Station Dhata, District Fatehpur, whereby the appellant was convicted and sentenced for life imprisonment and fine of Rs.10,000/- in default of payment of fine to undergo for six months additional simple imprisonment.

(2.) The prosecution case in brief is that on 09.10.2009 Rajan aged about 45 years (deceased) the brother of informant Bachcha Lal @ Chapra went to look after his fishes kept in tank namely Balram Pond in the evening at about 9:00 P.M. but he did not return till the next day morning. Thereafter, the informant his brother Kallu and Suraj were going to search about him towards the tank meanwhile they saw some blood lying near the chuck road in the garden of Iqbal Bahadur Singh. They made search near that place and found dead body of their brother drenched with blood, under a mango tree in the North East with marks of sharp weapon injuries on his head. On this they suspected that on account of old enmity Bakshraj s/o Binga and unknown persons had committed murder of their brother. Thereafter, informant Bachcha Lal @ Chapra went to police station Dhata at about 7:30 A.M on 10.10.2009 and by giving a written taharir lodged an F.I.R. as Crime No.106 of 2009, under Section 302 I.P.C.

(3.) Sub-Inspector Sri Vipin Kumar Trivedi proceeded to the place of occurrence and conducted inquest of deceased Rajan Pasi in presence of witnesses. He prepared inquest report and other essential papers for post mortem of deceased and sealed the dead body. It was handed over to constable Sunil Narain and constable Pramil Vivek to carry it for post mortem with essential papers.