LAVKUSH Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dtd. 28/8/2017 and order of conviction dtd. 30/8/2017 passed by learned Addl. Sessions Judge, Court no.2, Muzzafarnagar (hereinafter referred as 'trial court') whereby the learned trial court in Sessions Trial No. 279 of 2012 (State Vs. Lavkush and another) arising out of Case Crime No. 468/2011, has convicted Lavkush (appellant-accused) s/o late Bhagmal for the offence punishable under Sec. 302 I.P.C. and sentenced him for life imprisonment and has ordered him to pay a fine of Rs.20,000.00. It has further been provided that in case of default of payment of fine, the appellant has to further undergo imprisonment for a period of six months. In Sessions Trial No. 280/2012 (State Vs. Lavkush) arising out of Case Crime No. 470/2011, under Sec. 25 of Arms Act, the court sentenced the appellant to undergo two years of rigorous imprisonment with fine of Rs.3,000.00 and in default of the payment of fine, to suffer additional imprisonment of three months. All the sentences were directed to run concurrently. By the same judgment dtd. 28/8/2017, learned trial Court acquitted the other co-accused, namely, Smt. Meena, under Ss. 302/34 and 120-B of I.P.C.

(2.) The factual matrix of the case, which are relevant for present criminal appeal are that informant, namely, Sonu s/o late Bhagmal submitted a written complaint Ex.Ka-1 on 16/11/2011 on which the First Information Report Ex.Ka-2 was registered in Case Crime No.468 of 2011 under Sec. 302 I.P.C. at P.S. Bhopa, Jansath, District- Muzzafarnagar against one Lavkush. On the same day at 22:30 hours another F.I.R. bearing Case Crime No. 470 of 2011, Ex.Ka-4, was also lodged by Sri Sanjay Verma, Station Officer, P.S. Bhopa, against Lavkush under Sec. 25 of Arms Act, 1959.

(3.) As per the First Information Report Ex.Ka-2, the informant stated that his brother, namely, Lavkush, was a vagabond and drunkard. He was having illicit relationship with Mrs. Meena, wife of his neighbour Ajeet, resident of Rahmatpur, P.S.-Bhopa. His mother used to dissuade Lavkush from having relationship with Meena, and for this reason his brother shot his mother dead in the night of 16/11/2011. Ravinder, s/o Jaipal and Gajendra Kumar s/o Dharampal had seen his brother running away from the spot after shooting his mother.