KAMLESH GIRI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed against judgment dated 10.08.2004 passed by Addl. Sessions Judge/ Fast Track Court No. 5, Ghazipur in S.T. No. 124 of 2001, State Vs. Kamlesh Giri in Case Crime No. 2/ 2004 under Section 302/506 IPC, p.s. Khanpur, district Ghazipur, by which, accused Kamlesh Giri was convicted and punished.

(2.) THE prosecution case in brief was that complainant Sharda Devi had reported on 2.01.2001 in police station Khanpur, Ghazipur that her 18 -19 years old son Jitendra Giri had gone from house on 01.01.2001 in the evening at about 5:30 -6:00 p.m. with Kamlesh Giri and Harischandra @ Bajroo. Thereafter, her son had not returned home. In the morning of 02.01.2001 she was informed that dead body of her son Jitendra is lying in the tank of pumping set of Harinath Vishwakarma and there are blood stains near the tank. Then complainant went on the spot and found the dead body of her son. She had also mentioned in her report that few days ago, there was a quarrel with Kamlesh and Jitendra after which Kamlesh had threatened the Jitendra. On the basis of her report, case crime no. 2 of 2001 under section 302 IPC was registered against Kamlesh Giri and Harishchandra @ Bajroo. After investigation the police had submitted the charge sheet against three accused persons, namely, Kamlesh Giri, Harishchandra @ Bajroo and Rakesh Yadav for offences under Section 302 and 506 IPC. Before initiation of the trial, co -accused Harischandra @ Bajroo and Rakesh Yadav were declared juvenile, and their files were seperated for their trial to be carried out before Juvenile Justice Board. This trial proceeded against appellant kamlesh Giri who was charged under offences punishable under section 302 read with 34 IPC. Accused Kamlesh Giri pleaded not guilty and claimed to be tried.

(3.) THEREAFTER prosecution side had examined PW -1 Sharda Devi, complainant, PW -2 Dr. Anil Kumar, P.W -3 Ram Murat, PW -4 Dole Gosai, PW -5 Vijay Shankar Singh, PW -6 Hawaldar Giri, PW -7 Subedar Giri, PW -8 Vindresh Giri, PW -9 Constable Hardev Ram, PW -10 S.D. Prajapati, PW -11 S.S.I. Satish Chandra Shukla, and PW -12 Constable Chandrabhan Singh. These witnesses had also proved documentary evidences of prosecution side as well as material exhibits.