SURENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.

(2.) Under challenge in this appeal is the judgment and order dated 18.2.2011 passed by learned Additional Sessions Judge, Court No. 2, Gonda in Sessions Trial No. 15 of 2008, arising out of Case Crime No. 675 of 2007, Police Station Kotwali Nagar, District Gonda whereby appellant Surendra alias Chhotu was convicted for the offence under Sections 302 and 307 I.P.C. and he was sentenced with imprisonment for life and also with fine of Rs. 10,000/- with default stipulation of six months additional imprisonment and further he was sentenced with rigorous imprisonment for a period of ten years and also with fine of Rs. 10,000/- with default stipulation of six months additional imprisonment respectively. Both the sentences were directed to run concurrently.

(3.) In brief the case of the prosecution was that Km. Puja, who happens to be the daughter of deceased Raja Ram, lodged an F.I.R. on 19.10.2007 at 4:30 a.m. at Police Station Kotwali Nagar alleging therein that his father Raja Ram was a teacher in Kendriya Vidyalaya, Gonda. She and her brother Manoj Kumar were studying in the Kendriya Vidyalaya, Gonda and were living on rent in Mohalla Badgaon in the house of Ram Pratap Singh for the last 4-5 years. In another house, which was situated across the road, appellant Surendra alias Chhotu son of Rajaram Kori lived with his family, who wanted to solemnize marriage with the complainant. The father of the complainant and her family members were against this marriage. Because of this enmity, in the intervening night of 18/19.10.2007 at about 2:00 a.m., appellant Chhotu armed with knife (Chhura) came to the house of the complainant and attacked her father with kinfe (Chhura). On the cries of her father, she and his brother, got up and made an effort for the rescue of their father Raja Ram. Then they were also attacked by knife and these they sustained injuries. Accused ran away from there. Hearing the cries, several persons of the vicinity reached there and with the help of these persons, Raja Ram was taken to District Hospital, Gonda where he was declared dead. Thereafter F.I.R. of this case was lodged. On the basis of this information, the case was registered. Inquest proceedings were conducted and the dead body of Raja Ram was sent for postmortem, which was conducted on 19.10.2007 and following ante mortem injuries were found on the body of the deceased:-