RAM CHANDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Ms. Nisha Srivastava, learned counsel for the appellant, Sri Rajdeep Singh, learned A.G.A. for the State and perused entire record.

(2.) Under challenge in this criminal appeal is the impugned judgment and order dtd. 30/11/2017 passed by the learned Additional Sessions Judge/ Special Judge, Essential Commodities Act, Barabanki in Sessions Trial No.269 of 2015 titled as State of U.P. vs. Ram Chandra arising out of Crime No.104 of 2015, under Ss. 302 and 201 of the Indian Penal Code1, Police Station Haidergarh, District Barabanki whereby the appellant, Ram Chandra has been convicted and sentenced to undergo life imprisonment with a fine of Rs.25,000.00 for the offence under Sec. 302 I.P.C. and in default of payment of fine, he has further been directed to undergo one year's additional rigorous imprisonment. However, he has been acquitted of charge under Sec. 201 I.P.C.

(3.) The case of the prosecution in nutshell is that a written report was submitted by the first informant, Poonam Kumari at Police Station Haiderganj, District Barabanki stating therein that on 14/5/2015, the first informant along with her husband, Premchandra was returning to their village from her brother-in law's house by a D.C.M. When they alighted from D.C.M. at about 09:00 PM near their Village, Narauli, a person, whom they could not recognize, started staring at the first informant and thereafter, he pounced upon the first informant and her husband. When the husband of the first informant tried to defend his wife/ first informant, the unknown person grabbed her husband with an intention to kill him and dragged him into a nearby pond and tried to strangulate the first informant's husband. When the first informant raised alarm, many villagers reached the place of occurrence. The villagers saved her husband and also apprehended that person. The first informant's husband, being in a serious condition, was taken to the Government Hospital, Haidergarh, where her husband was declared dead. The first informant later came to know the name of the accused/ murderer of her husband, who is the present accused/ appellant herein.