RAJPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The appeal is directed against the judgement and order dtd. 16/2/2008, passed by Additional Sessions Judge, Court No.10, Muzaffar Nagar in S.T. No.64 of 2001, convicting and sentencing the appellant under Sec. 302 IPC to life imprisonment and fine of Rs.15,000.00, in default of payment of fine, one year's additional simple imprisonment.

(2.) In brief, according to the prosecution case, Ram Phal (the victim) was father of the first informant Bablu (PW-1). He had sold four bighas of his land to Rajpal (accused-appellant). Appellant did not pay any money for the land but assured the victim that he would later give his tractor, including trolley, a machine and one lakh rupee to him as sale consideration. On 29/6/2001, at about 4:00 p.m. the accused appellant came to the house of the victim and took him alongwith him saying that he would load his tractor with bricks from a nearby brick-kiln and go to Haridwar to sell the same and profit will be apportioned by them equally, as the victim also had half share in the tractor. On 1/7/2001 at about 11:00 p.m. in the night, the accused appellant again came to the informants' house and informed him that his father had consumed excessive liquor and is gasping for breath, so he should rush and bring his father (the victim) alongwith him to their house. The first informant went to the house of the accused appellant at around 2:00 p.m. in the night. He found that his father Rampal (victim) was lying dead in the tractor trolley. He accordingly made a written complaint on 2/7/2001 at 7:30 a.m. stating that he suspects involvement of the accused-appellant in the murder of his father. It came be registered as Crime Case No.146 of 2001 under Sec. 302 IPC.

(3.) The investigation of the case was handed over to Sub Inspector P.K. Singh, who during course of investigation, prepared a site plan. Sub Inspector Har Sharan Sharma completed the inquest proceedings and thereafter the body was sent for post mortem. After completing the investigation, a charge sheet under Sec. 302 IPC was submitted against the appellant.