SUBRATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeal under Sec. 374 CrPC has been filed against the judgment of conviction and sentence dtd. 18/3/1999, passed by Additional District & Sessions Judge, Barabanki in Sessions Trial No.448 of 192, Case Crime No.138 of 1991 under Sec. 364, 302, 379 I.P.C., P.S. Kursi, district Barabanki whereby and whereunder the appellant accused Subrati has been convicted and sentenced to undergo six years R.I. and to pay a fine of Rs.2000.00, with default stipulation, under Sec. 364 I.P.C. Other accused persons Subrati, Taukeer and Abul Hassan have been acquitted of the charges framed against them.

(2.) Heard learned counsel for the appellant Mr. Abhishek Mishra, learned Additional Government Advocate for the State Mr. Ashok Kumar and perused the record.

(3.) Prosecution case as per the first information report is that the informant Shashibhal Tripathi son of Brijbhushan is a resident of village Khanwaha, P.S. Deva, district Barabanki. Around three years ago, one Malik of Gausar was killed in village Kutlupur, P.S. Fatehpur, in which, son of the complainant was made accused. Since then, the entire family of Malik was inimical towards the family of the informant. It is for this reason that the son of the informant used to live in Lucknow and come home frequently. Today, at about 8.00a.m., he came home from Hero Honda. Subrati came to his house and asked him to accompany him to go to Gramsevak for urgent work. His son went with Subrati on Hero Honda. Then he received information that his son has been killed at 11.00a.m. in village Garhi, Mauja Kursi. Thus, the informant has suspicion that his son has been killed by Tauqeer, his father Abdul Hassan, resident of police station Kursi. The first information report was registered on 2/12/1991 at 12.10p.m. and Case Crime No.138 of 1991 under Sec. 364, 302 I.P.C. has been registered.