PHOOL CHAND YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 12/1/2006 passed by Additional District and Sessions Judge Court No.6, Jaunpur in Sessions Trial No.126 of 2004; State Versus Phool Chandra under Sec. 302 IPC, Police Station-Sarai Khwaja, District-Jaunpur arising out of Case Crime No.8 of 2004 whereby the appellant Phool Chandra has been convicted and awarded sentence under Sec. 302 IPC for life imprisonment.

(2.) The F.I.R. was lodged by the informant Rajesh Kumar Agrahri son of the deceased Ram Asrey on 8/1/2004 at 18:10 alleging therein that while his father was tying his goat in front of Malhani Bazar (Bhadora) Temple, Police Station Sarai Khwaja, District Jaunpur at 01:30 in the day on 8/1/2004, Phool Chandra Yadav, the appellant son of Kewla Prasad suddenly came and started beating his father by a Danda. His father shouted then the informant and Sonu son of Harish Chandra and Gulab Chandra @ Gullu son of Banarsi rushed to the spot and after seeing them the accused ran away. The deceased was taken to the Sadar Hospital, Jaunpur where he died during treatment. In pursuance of the aforesaid F.I.R. the investigation was conducted and the charge sheet was submitted against the appellant under Sec. 304 I.P.C.

(3.) Since the charge was under Sec. 304 I.P.C. the case was committed to the Sessions Court. The charge was framed by the Sessions Judge, Jaunpur on 20/4/2004 against the appellant under Sec. 302 I.P.C. Charge was read over and explained to the accused who denied the charge and claimed to be tried.