KALOO Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred from jail by the 1 appellant Kaloo against the judgment and order dated 6.4.2000 passed by the VII Additional Sessions Judge, Mathuta whereby the appellant has been convicted under Sec. 302 Indian Penal Code for imprisonment for life together with a fine of Rs. 2000.00 and in default of payment of fine, the appellant will have to undergo further one year's R.I.

(2.) In short, the case of the prosecution was that on 29.11.1997 the TV. antenna of Smt. Jagwati had been toppled by a monkey, but she believed that Smt. Laxmi Devi, wife of Govinda was responsible for knocking down her antenna, as a result a dispute had broken out between the two ladies over this matter. At about 7.00 P.M. the appellant, who used to reside with Smt. Jagwati, siding with Smt. Jagwati, rushed upstairs where he gave knife blows injuring Smt. Laxmi Devi. After that Kaloo fled away. Km. Saroj, daughter of Smt. Laxmi and Govinda, were present at the spot. They rushed Smt. Laxmi Devi to Methodist Hospital, where she died at about 3.00 A.M in the hospital. Earlier also Kaloo used to side with Smt. Jagwati whenever there was a dispute between the two ladies.

(3.) A written report of this incident was submitted by Govinda, P.W. 1 on 30.11.1997 at 10.15 A.M. at police station Vrindavan and a case was registered on that basis by HM Dilevar Singh at case crime No. 359 of 1997 under Sec. 302 Indian Penal Code and a chik report was prepared and necessary GD entries were made by HM Dilevar Singh