SANJAY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sunil Singh and Sri Vivek Singh, learned counsels for the appellants and Sri Vikas Goswami, learned counsel appearing for the State and perused the lower court record with the assistance of the respective counsels.

(2.) The instant appeal has been filed against the judgment and order dtd. 3/1/2018 passed by the Additional Sessions Judge, Court No. 4, Kanpur Dehat, whereby, appellant has been convicted under Sec. 302 IPC and sentenced to life imprisonment with fine of Rs.20,000.00. On default of deposition of fine, appellant shall serve additional six months rigorous imprisonment.

(3.) The incident is of 6/3/2016, at about 9:00 p.m. and F.I.R. came to be lodged after the death of the deceased on 10/3/2016, at about 12:30 p.m. The informant/complainant (P.W.-1) is the brother of the deceased. It is alleged that his younger brother Ajay (deceased), aged about 20 years, on the day of terhavi ceremony, on 5/3/2016 all brothers had assembled for the ceremony. His elder brother Sanjay with the intention to kill the deceased assaulted him with danda in front of the house at the municipal tap; deceased incurred severe head injury on the head, face and back; deceased was carried to the hospital at 2:00 a.m.; on 10/3/2016 he succumbed to the injuries. Scribe of the report is Rohit Singh who was not examined by the prosecution. The post-mortem on the body of the deceased was conducted on 10/3/2016 at 4:15 p.m. The following anti- mortem injuries on the dead body of the deceased are noted: External examination − Deceased was of average built, his height at 160 cm. Dried blood was present inside left ear. Rigor mortis was present in the upper and lower part of the body. External Injurie s−