DHARMENDRA KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) By way of present criminal appeal, the appellant has challenged the judgement and order dtd. 30/10/2015 passed by the Special Judge (Essential Commodity Act)/Additional Sessions Judge, Ghaziabad in Sessions Trial No.483 of 2012 (State Vs. Dharmendra Kumar) arising out of Case Crime No.1591 of 2011, under Sec. -302 IPC, Police Station-Indrapuram, District-Ghaziabad. By the impugned judgement, the Sessions Judge convicted the appellant under Sec. -302 IPC and imposed punishment of life imprisonment along with fine of Rs.40,000.00 on the appellant and in case of non-payment of penalty, it was directed that he would be further liable to undergo one year imprisonment.

(2.) First informant Phoola Devi (PW-1) submitted a tehrir dtd. 13/9/2011 in Police Station-Indrapuram. In that tehrir, it was mentioned that first informant Phoola Devi had been residing along with her family at RC/51 N Hayatnagar Khoda. Accused Dharmendra came to her house to call her son Awadhesh Chandra Yadav. Thereafter, between 3 to 4 brother of Dharmendra, Harendra Kumar came to her house and told her to take his son as he has suffered several knife injuries. Thereafter, she along with her younger son Mahesh went to the house of appellant, then he saw that accused persons were taking out her son from house and told her loudly to take the dead body of her son. Thereafter, she and her son brought Awadhesh along with police at metro hospital where the doctors declared him dead.

(3.) On the basis of above tehrir dtd. 13/9/2011, a case in case crime no.1591 of 2011, under Sec. -302 IPC was registered against the accused Dharmendra and Harendra at 18:15 hours. S.I. Munshi Lal was handed over the investigation of the aforesaid case who after recording the statement of first informant went on the spot and prepared site plan at the place of incident and after recording the statement of witnesses, collected blood-stained floor and normal soil along with pillow and blood-stained bed sheet as well as blood stained knife. Panchayatnama of the body of Awadhesh aged about 21 years was also prepared on 13/9/2011 at 16:30 at Metro Hospital, Noida in presence of witnesses. Thereafter, postmortem of the body of Awadhesh was also conducted at District Hospital by Dr. K.N. Tiwari on 14/9/2011 at 2:15 pm. As per the postmortem report, following antemortem injuries were found on the person of deceased Awadhesh Chandra Yadav :