RAM AWATAR Vs. STATE OF U. P.

JUDGEMENT

(1.) This jail appeal has been preferred against the judgment dtd. 22/11/2016 passed by the Addl. District and Sessions Judge/SC/ST (P.A.) Act, Ghazipur S.S.T. No. 12 of 2014 (State vs. Ram Awatar @ Ganesh), under Sec. 302 I.P.C. and Sec. 3(2)V SC/ST Act, arising out of Case Crime no. 468 of 2013, P.S. Elhapur, district-Ghazipur, by which he has been convicted under Sec. 302 I.P.C. and sentenced to undergo life imprisonment and a fine of Rs.10,000.00 and life imprisonment a fine of Rs.10,000.00 under Sec. 3(2)V SC/ST Act and in default of payment of fine the accused shall further undergo three months additional imprisonment. Both the sentences shall run concurrently.

(2.) Heard Sri Brij Raj, learned Amicus Curiae appearing on behalf of the appellant and learned A. G. A. for the State.

(3.) Brief facts as culled out from the record are that a First Information Report was lodged being Case Crime No. 468 of 2013, under Sec. 302 I.P.C. and Sec. 3(2)V SC/ST Act at P.S. Dulhpur, district-Ghazipur. In the FIR, it was alleged that on 19/12/2013 the wife of the informant namely, Lalti Devi was weeding in Garlic field outside village. At about 1:00 p.m. Ram Awatar alias Ganesh, who is the resident of same village reached there and started assaulting the wife of the informant with 'kudal'. At that very time the complainant along with Bhallu Ram son of Mukhram also reached and seen them, the accused Ram Awatar alias Ganesh ran away from the scene with 'kudal'. When the complainant along with other reached at the spot he found that his injured wife succumbed to the injuries at the spot. Upon hearing the noise raised by complainant other villagers reached at the place of occurrence and after leaving the dead body of his wife the complainant reported the matter to the police.