RAJENDRA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is directed against the impugned judgment and order dtd. 10/2/2021, passed by Additional Sessions Judge/ Fast Track Court-II, Chandauli in Session Trial No. 04 of 2013 (State of U.P. Vs. Rajender Yadav), arising out of Case Crime No. 232 of 2012, whereby accused-appellant- Rajendra Yadav has been convicted and sentenced for life imprisonment for an offence under Sec. 302 I.P.C. alongwith fine of Rs.15,000.00, in default thereof, to further undergo six months additional imprisonment.

(2.) We have heard Mr. Rajiv Lochan Shukla, learned Counsel assisted by Ms. Suman Bharti, Advocate appearing for the accused-appellant and Mrs. Archana Singh, learned A.G.A. for the State as also perused the entire materials available on record.

(3.) As per the prosecution case a written report (Ext. Ka-1) was given on 17/6/2012 to the Police Station Mugalsarai, District Chandauli, by Muse Yadav (P.W.-1/first informant), who happens to be the son of the deceased stating that his father used to sell milk. As usual, on 17/6/2012 in the evening, he had gone to sell milk and when he was returning after supplying milk to Saran Yadav, resident of village Katesara, the accused Rajender Yadav son of Jaganandan Yadav resident of his village, with whom a dispute was going on in respect of passage and open land between them, lay in ambush near Katesar Bhusa Mandi at around 7:45 P.M., and assaulted the deceased by brick repeatedly until he died and that his father's body is lying on the spot. On the basis of the above written report a first information report dtd. 17/6/2012 (Ex.Ka.6) came to be lodged and registered as Case Crime No. 232 of 2012, under Sec. 302 I.P.C. against the accused-appellant.