MANOJ KUMAR YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) This jail appeal has been preferred by the appellant-Manoj Kumar Yadav challenging the judgment and order dtd. 10/4/2015 passed by the Additional District and Sessions Judge, Court No.4, Kannauj in Sessions Trial No. 262 of 2011 (State Vs. Manoj Kumar Yadav), arising out of Crime No. 210 of 2011, under Sec. 304 I.P.C., Police Station-Tirva, District Kannauj, whereby the accused-appellant has been convicted and sentenced to undergo life imprisonment under Sec. 304 I.P.C. with fine of Rs.5,000.00, in default thereof, he has to further undergo three months additional imprisonment.

(2.) We have heard Sri Sita Ram, learned Amicus curiae for the appellant in the present jail appeal and Ms. Archana Singh, learned A.G.A. for the State as also perused the material available on record.

(3.) Records of the present jail appeal reveal that on the written report (Exhibit-ka/1) dtd. 3/7/2011 of the informant-P.W.-1, namely, Mishri Lal, which was scribed by one Harinath Singh, a first information report was registered under Sec. 304 I.P.C. as Chik No. 154/11, on 3/7/2011 at 11:00 a.m. alleging therein that Ramkali wife of the informant along with her son i.e. accused appellant herein, went to in-laws' place of her daughter, namely, Sidhashi wife of Raghvendra situated at villageVilandapur, Police Station-Tirva, District Kannauj for treatment of the accused-appellant 10 to 12 days before. On 3/7/2022, at around 12.30 a.m. (00:30 hours) at night, during a fight, the accused-appellant hit a wooden stick on his mother i.e. wife of the informant as a result of which she died. As the dead body was lying on the spot, the informant came to the Police Station for giving information about the offence.