RAJAPOOT Vs. STATE OF U.P.

JUDGEMENT

(1.) THE present criminal appeal, filed on behalf of the appellant -accused, is directed against the judgment and order dated 07.09.2004 passed by Sri S.K. Singh, Additional Sessions Judge/Fast Track Court No. 3, Hardoi in Sessions Trial No. 748 of 2002 [State vs. Raja Poot], under Section 302 I.P.C., P.S. Shahabad, district Hardoi, whereby the appellant has been convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life along with fine of Rs. 5000/ - in default thereof two years simple imprisonment.

(2.) IN the appeal prosecution case in brief is that on 15.05.2002 at about 11.30 AM at police station Shahabad, District Hardoi, Ram Kisan/first informant gave a written report stating therein that on 14.05.2002 after closing his shop he was coming back home alongwith his brother Hari Kishan. When they reached near Imali tree (Tamarind tree) on Bejharoad Samha Bazar at about 9.00 P.M. Raja Poot met them and asked them to give money for drinking liquor. On their refusal, while abusing his brother he struck him with knife. His brother sustained injuries and on their cry Harish Chandra, who was coming by his tractor and Prem Chandra came there and saw the incident in the light of tractor. On their coming Raja Poot left them and ran away. They took his brother to the hospital and leaving him there, he came to the police station to lodge the FIR. On this Chik FIR was scribed and Case Crime No. 169 of 2002 under Sections 324, 504 I.P.C. was registered. Relevant entry was made in the General Diary. Investigation was started. On 24.05.2002 during treatment injured Hari Kishan expired. After postmortem Section 302 I.P.C. was added in the said case crime number. After completion of the investigation charge -sheet was filed. During postmortem on the dead body of Hari Kishan following ante mortem injuries were recorded by the doctor.

(3.) SEPTIC wound 4.0 cm x 3.0 cm present on anterior aspect of Right wrist joint.