RAJESH SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Surendra Singh, learned counsel for the appellant and Sri Nagendra Kumar Srivastava, learned A.G.A. for the State.

(2.) This appeal challenges the judgment and order dtd. 2/12/2011 passed by Additional Sessions Judge, Court No.1, Kanpur Nagar in Sessions Trial No.1057 of 2007 convicting accused-appellant under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.20,000.00 and in default of payment of fine, further to undergo imprisonment for six months and in Sessions Trial No. 1058 of 2007 convicting him under Sec. 25 of Arms Act and sentencing him to undergo six months imprisonment with fine of Rs.1,000.00 and in case of default of fine, further to undergo one month imprisonment.

(3.) Brief facts giving rise to this appeal are that a first information report was lodged by the complainant Balister Singh, Manager of New Dharamshala Hotel, Kanpur Nagar with the allegations that last night two persons namely, Mahesh and Pooran stayed in the aforesaid hotel and told their address as Mohalla Khataina House No.10/275, Agra. On the next morning, i.e., 4/6/2007, the day of FIR, the Manager took round of the room of the hotel at 8:00 am. When he called the above guests in room No.45 none responded. The Manager thought that the guest would have been sleeping. At 2:00 pm, when he again called from outside the room and none responded again, then he pushed the door of the room and it opened. The Manager entered the room and saw a person lying on the bed in a dead position and a blood stained brick was also lying there on the bed. The bed and wall of the room were also having blood on it. The Manager informed the owner of the hotel Sunny Singh and told him that the name of the dead person is Pooran and his associate Mahesh has run away after killing Pooran. Investigating officer took up the investigation. Blood stained pillow cover, blood stained plain earth, piece of bed sheet and sleepers etc were taken into possession. A knife was also recovered from the room. A sketch of the accused- Mahesh was circulated and on 22/7/2007, accused Mahesh was arrested by the I.O. During the course of investigation inquest report was prepared. Post mortem of the dead body of the deceased was conducted and after completion of the investigation, charge sheet was filed against the accused in the name of Rajesh Singh because the earlier name Mahesh was wrongly informed to the hotel deliberately and the actual name of deceased was Brijendra Singh.