RAMASHRAYA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the appellant-Ramashraya Yadav challenging the judgment and order dated 19.02.2008 passed by learned Additional Sessions Judge, Court No.2, Azamgarh, in Sessions Trial No.64 of 2003, arising out of Case Crime No.197 of 2002, under Section 302 IPC, Police Station Raunapar, District Azamgarh, whereby the appellant Ramashraya Yadav was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.2000/- with default stipulation of one month additional imprisonment. He was further convicted for the offence under Section 504 IPC and was sentenced with imprisonment for a period of 15 days. Both the sentences were directed to run concurrently.

(2.) According to the version of the FIR, the incident of this case is alleged to have taken place on 20.10.2002 at 3.00 p.m. and the FIR of this case was lodged on 21.10.2002 at 7.00 p.m. The incident is alleged to have taken place in village Chhapiya. Distance of this village from concerned police station was 15 kilometers. The FIR of this case was lodged by Ghamandi Yadav, father of the deceased, Indradeo. It was alleged in the FIR that some litigation regarding dispute of a Madaiya (Hut) and piece of a land was going on between appellant and the complainant Ghamandi Yadav. On 20.10.2002 at about 3.00 p.m. wife of appellant Ramashraya Yadav started keeping her "Pual" on the disputed land. The daughter of the complainant namely Durgawati asked her not to do so. The altercation started between the two. Indradeo, the son of the complainant also reached there and he also asked the wife of Ramashraya Yadav (appellant) not to put "Pual" on their hut. In the meantime, the appellant Ramashraya Yadav reached there, armed with lathi having a ring of iron on it and exhorted that he will kill Indradeo and settle the dispute for all time to come. Indradeo made an attempt to save his life by running away from there but the appellant gave a blow of lathi on his head due to which Indradeo fell down thereafter the appellant Ramashraya Yadav gave a kick blow on his chest and again gave lathi blow on his body. Because of the injuries Indradeo became unconscious. This incident was witnessed by Deep Narayan, Shanker, Ram Bhawan and Durgawati and several other persons of the village. The complainant took his son Indradeo, in unconscious condition, to District Hospital Azamgarh where during his treatment he succumbed to the injuries. Thereafter the FIR of this case was lodged. Since the deceased died in the hospital therefore, on the memo sent to the police station from the hospital, the inquest proceedings were conducted and thereafter the post mortem of the deceased also took place on 21.10.2002 at 4.45 p.m. The blood stained earth and simple earth were recovered. The alleged lathi was also taken into custody by the police.

(3.) After completing the investigation the charge-sheet was filed against the appellant Ramashraya Yadav.