JAG NARAYAN SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a jail appeal filed by accused appellant Jag Narain Sharma from Judgment and order dated 21st of November 2000 passed by XIV Additional Sessions Judge Allahabad in Sessions trial No. 695 of 1996, State v. Jag Narayan, convicting the accused appellant under Section 302, IPC and sentencing him to imprisonment for life and a fine of Rs. 5000.00 (Rupees five thousand) thereunder.

(2.) Co-accused Laxman Sharma was tried on a charge under Section 120-B, IPC but he was held not guilty of the charge levelled against him and acquitted.

(3.) Brief facts giving rise to this appeal are that on 15th of January, 1996 Durga Prasad Singh the village Pradhan lodged an FIR (Ext. Ka-1) at police station Koraon District Allahabad alleging that at about 4.00 p.m. on 14th of January 1996 Jag Narayan Sharma committed the murder of his step brother Krishna Sharma aged about 12 years by giving him axe blows; that on hearing the hue and cry he along with Ram Ayodhya and Visheshwar Singh rushed to the scene of occurrence and sighting them Jag Narayan Sharma fled away holding the axe in his hand. He also mentioned in the FIR that Laxman Sharma, father of the deceased was instrumental in getting him murdered. He also mentioned in the FIR that Jag Narayan Sharma murdered his step brother Krishna Sharma aged about 12 years as he wanted to grab the property of his share and that due to heavy rains he could not come to the police station to lodge an FIR soon after the occurrence as no conveyance was available. The police registered a crime against the accused under Sections 302 and 120-B, IPC accordingly and made entry regarding the registration of the crime in the GD (Exts. ka-7 and ka 8).