LAWS(ALL)-2022-9-70

NARESH CHANDRA Vs. STATE OF U.P.

Decided On September 30, 2022
NARESH CHANDRA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant against the judgement and order dtd. 13/9/2007 passed by the Additional District and Sessions Judge, Court No.9, Moradabad in Session Trial No.127 of 2004 (State vs. Naresh Chandra) (case crime no. 211 of 2003) convicting and sentencing the appellant for the offence punishable under Sec. 302 IPC to undergo life imprisonment and a fine of Rs.10,000.00 with stipulation of default clause.

(2.) Brief facts of the case, as unfolded by the informant Shyam Lal son of Daulat in the First Information Report (in short 'F.I.R.'), are that on 9/10/2003 at about 9.30 a.m. while the informant alongwith his son Natthu and daughter-in-law Shakuntala was standing at Sirswan crossing in village Manpur in front of Stall (khokha) of Pandit Ji, Naresh, son of his brother Masih Charan, suddenly came from behind the Stall and catching the hair bun of Shakuntala, stabbed with knife many times on her body due to which she fell down on another side of the road. The son of the informant made noise but no one turned-up to save her. When the informant rushed towards the Chauki Manpur situated nearby, he saw one Inspector and two Sepoy coming there. Having seen the policemen, Naresh ran away at once towards the Vidhya Niketan School but the policemen caught him alongwith the knife. Recovery memo Ext. A-4 was prepared and, thereafter, informant took away injured Shakuntala to hospital where she was declared dead. The dead body of deceased was sent to Manpur Chauki and accused Naresh was also brought to the Police Station concerned.

(3.) On the basis of the written report (Ext. ka-1) scribed by one Rajveer Singh, chik First Information Report (Ext. Ka-5) was registered at Police Station concerned on 9/10/2003 at 12.10 p.m. mentioning all the details as described in Ext. Ka-.1. G.D. entry was also made at the same time, which is Ext. Ka-6.