BARU Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Noor Mohammad, learned counsel for the appellant and Sri N.K. Srivastava, learned A.G.A. for the State.

(2.) This appeal challenges the judgment and order dtd. 25/10/2008 passed by the Additional District and Sessions Judge, Saharanpur in Sessions Trial No.56 of 2008 convicting and sentencing Baru, appellant, for commission of offence under Ss. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') to undergo rigorous imprisonment for life with fine of Rs.10,000.00 and in case of default of payment of fine, further to undergo two years' imprisonment. The accused has undergone more than 14 years of incarceration. He is the sole convict of the above offence.

(3.) Brief facts of the case are that a first information report was lodged by complainant -Ashok Kumar, brother of the the deceased Brahm Dutt, averring that on 30/7/2007 deceased was siting in his village with his brother Mage Ram and complainant Ashok Kumar. At about 9:00 pm, Titu son of Pandit Om Prakash came there and asked Brahm Dutt that Baru and Vinod are calling him on the roof of Baru because he wants settlement with him, in this way Titu took away Bhram Dutt on the roof of Baru. After five minutes complainant and his brother Mage Ram heard the voice of Brahm Dutt, who was crying to save him. Complainant and his brother Mage Ram went on to the roof of Baru by having torch in their hands and in the light of torch they saw that Titu S/o Om Prakash, Baru S/o Thakur Ram Singh and Vinod were beating the deceased Brahm Dutt with iron rods in their hands by hitting on the head of the deceased. When these persons saw the complainant and his brother they ran away by jumping east wall. It is also averred that the dead body of the deceased is lying on the roof of Baru and in his murder Ex-Pradhan Pandit Ramesh was also conspirator.