MANOJ KUMAR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amit Daga learned Advocate for the appellant and Sri Patanjail Mishra learned AGA for the State respondent.

(2.) This appeal is directed against the judgement and order dtd. 24/9/2012 passed by the Additional Sessions Judge, Court No.8, Bulandshahar in S.T. No.221 of 2010, arising out of Case Crime No.348 of 2009, under Sec. 302 IPC, P.S. B.B. Nagar, District Bulandshahar, whereby the appellant Manoj Kumar Sharma son of Ved Prakash Sharma, resident of village Dhakoli, Police Station B.B. Nagar, has been convicted for the offence under Sec. 302 IPC and sentenced for life imprisonment.

(3.) The first information report of the incident occurred on 11/12/2009 at about 02.00 PM, was lodged by Vikas Sharma son of Ved Prakash Sharma, brother of the accused-appellant Manoj Kumar Sharma. It may also be noted herein that deceased Rajeev Kumar Sharma was brother of the first informant as also the accused-appellant herein. It was stated in the report that on 11/12/2009 at about 02.00 PM, the informant received a call on his mobile from Smt. Savita wife of Manoj, the appellant-herein. She told that the appellant went to the tube-well for watering his field but deceased Rajeev Kumar was arguing by stating that he would first water his field and did not allow the appellant to take water from the tube-well. On the said issue, they fought and Rajeev sustained firearm injuries. Savita asked the first informant to take the injured Rajeev to the hospital.