KESHAV @ KESHI Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 20.1.1992 passed by Additional District and Sessions Judge, Court No. 6, Pratapgarh in Sessions Trial No. 32 of 2008 whereby the appellant is convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs. 5000/ - and in the case of default in payment of fine, further imprisonment for six months.

(2.) BRIEFLY stated, according to the prosecution case, F.I.R. in respect of the offence in question is lodged by Smt. Shanti Devi at police station Antu, District Pratapgarh on 22.11.2006 at 9:15 p.m. alleging that her husband Nokhey Lal was returning to his house from the door of Ram Murat at about 7:30 p.m. on 22.11.2006. She was standing in front of her house. Kishan alias Keshav who is resident of her village was regularly threatening her making the allegation of occult. He fired at her husband. She saw the incident and recognised the accused. After firing, accused ran away towards southern side of the village. On alarm being raised by several persons reached at the place of incident. SI Vinod KumaYadav commenced investigation into the F.I.R. He proved the recovery memos and also recorded statements of the witnesses. He also proved site plan, chik F.I.R. and G.D. entry of registration of the crime, which was in the handwriting of Uma Shankar Tripathi. Later on investigation was entrusted to Pradeep Kumar Srivastava, SSI who submitted charge sheet against the accused, which is Ex. Ka -13. After submission of charge sheet, case was committed to the court of Sessions. The Sessions Judge had framed charge under Section 302 IPC. The case of the defence was of denial and he claimed trial.

(3.) THE prosecution in order to prove its case, had examined five witnesses, namely, PW -1 Smt. Shanti Devi, PW -2 Km. Nisha, PW -3 SI Vinod Kumar Yadav, PW -4 Dr. Manoj Khattri, PW -5 Pradeep Kumar Srivastava. The court had examined Om Prakash as CW -1. The defence did not examine any witness.