ASHOK KUMAR JATAV Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of this appeal, the appellant- Ashok Kumar Jatav has challenged judgement and order dtd. 16/2/2010 passed by Special Judge (E.C. Act) Farrukhabad in Session Trial No.430 of 1996 (State Vs. Ashok Kumar) arising out of Case Crime No.561 of 1996 under Sec. 302 of IPC, Police Station- Kotwali Fatehgarh, District- Farrukhabad, by which the appellant was held guilty under Sec. 302 of IPC and sentenced for imprisonment for life and fine of Rs.5,000.00 with one year imprisonment in default.

(2.) The brief facts of the case as culled out from the record and proceedings and the FIR are that a written report was submitted at police station Kotwali Fatehgarh by the brother of the deceased-Ayodhya Prasad on 5/7/1996 averring that his deceased brother was driver of Sudhanshu Agrawal for the last 1- 1/2 -2 years. Accused Ashok Kumar was also driver with the same employer. Sudhanshu Agrawal used to give more importance to the deceased and usually used to take with him out of station, which was the reason of extra income for the deceased. The accused was jealous of him due to the said reason. It is also averred in the written report that the deceased was in the habit of drinking liquor and since the accused and deceased both were with the same employer, hence, they used to visit each other's house for regular drinking. It is further stated that before some days his deceased brother and accused Ashok had stolen the stepny of the vehicle of their employer and sold it somewhere. When the employer got the knowledge of this fact then, the accused said to the deceased and his wife Munni Devi that they can contribute to Rs.1,500.00. Last night on 4/7/1996 at about 9:30 pm, accused Ashok Kumar and his deceased brother came in ricksaw to the house of the deceased having four pouches of liquor and told the wife of the deceased Munni Devi that they were going to Delhi and went back by the same ricksaw. At about 1:30 am (night) Ashok brought his deceased brother in the ricksaw to his house and told Munni Devi that he is over drunk and would be alright after some time. There was a cloth (Angauchha) all around his neck and he was laid on a cot by Ashok and ricksaw puller. Munni Devi at once saw the condition of his husband and found that he was in dead position. She made a noise. The children at home woke up. Ashok ran away in the same ricksaw. Lastly, it is mentioned that Ashok Kumar Jatav had killed his brother somewhere-else and had brought him to his house.

(3.) On the basis of written report, a first information report was lodged at Police Station- Kotwali Fatehgarh and investigation was taken up by S.I. Prem Narain Mishra. During the course of investigation, the investigation officer recorded the statement of witnesses, visited the spot and prepared site-plan. Inquest report of the deceased was prepared and the body was sent for post mortem, which was conducted by doctor and post mortem report was prepared. I.O. recovered Augauchha from the neck of the deceased and recovery memo was prepared. After completion of the investigation a charge sheet was submitted against the accused Ashok Kumar Jatav under Sec. 302 IPC.