DAYA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal filed by the accused appellant under Sec. 374 (2) Cr.P.C., is directed against the judgment and order dated 9th February, 2005 passed by Sri Ram Priti Dwivedi, Additional Sessions Judge/Fast Track Court No. 3, Raebareli in Sessions Trial No. 269 of 2003 [State v/s. Daya Ram] under Sec. 302 IPC, P.S. Naseerabad, District Raebareli, convicting and sentencing the appellant under Sec. 302 IPC imprisonment for life and fine of Rs. 5000/ - and in default thereof six months additional imprisonment and also under Sec. 449 IPC imprisonment for life and fine of Rs. 5000/ - and in default thereof six months additional imprisonment.

(2.) In the present appeal facts of the prosecution case may be summarized as under:

(3.) On this report chik FIR was scribed, Case Crime No. 206 of 2003, under Ss. 449/302 IPC was registered at Police Station Naseerabad, requisite entry was made in the report of the general diary, investigation was taken over by Station Officer, Babu Ram Yadav, inquest proceedings were held, dead bodies were sent for autopsy, postmortem examinations were conducted on 02.06.2003, samples of blood stains found on the inside and outside of the walls of Daya Ram were taken, Daya Ram was arrested, photographs of those stains were also taken, Daya Ram confessed his crime and volunteered to point out the place where the axe (Kulhadi), the weapon of the murder was hidden and he also gave his baniyan and underwear which he was wearing at the time of commission crime, which become blood stained and he had washed them, all the materials were sent for scientific examination, spot was inspected, all steps necessary during the investigation were taken, after conclusion of the investigation charge -sheet was submitted against the present appellant.