GOPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction dated 27.04.2006 and of sentence dated 28.04.2006 passed by Additional Sessions Judge, Court No. 4 Mirzapur in S.T. No. 26 of 1993 (State Vs. Gopal) under Section 307, 323 and 302 IPC in case crime no. 331 of 1991, p.s.-Kotwali Katra, Mirzapur by which accusedappellant Gopal had been convicted for the charge under Section 302 IPC and sentenced with imprisonment for life and fine of Rs. 5000/- (in default of payment further imprisonment for six months) and for the charge under Section 323 IPC with imprisonment for six months; and it was directed that both the sentences would run concurrently.

(2.) The prosecution case in brief was that appellant Gopal was landlord of the house in which informant's father Fakir Chand was tenant and was living with his family. They had tenancy disputes for which litigation was pending. In the night of 17/18-7-91 at about 3:00 am, Fakir Chand was sleeping outside his house, when accused Gopal came and started beating Fakir Chand with a "paati" (wooden arm of a cot), then on alarm of Fakir Chand, informant and other persons came there. Accused Gopal had inflicted many injuries on Fakir Chand, and when Bhaggu Mallah, his daughter-in-law, his wife and children came there then accused had also injured them with the same "paati". At the time of incident, witnesses Vijay Kumar, Kallu Khan came there and saw the incident. After this incident, accused Gopal fled away from the spot. Fakir Chand was taken to the hospital and on the way he succumbed to his injuries. After this, informant Raj Narayan reported this matter at the police station in the morning of 18.07.1991 at 06.10 am., on the basis of which case crime no. 331 of 1991 u/s 302 IPC was registered. After completition of investigation, chargesheet was submitted against Gopal for the offence u/s 304 IPC, on the basis of which Sessions Trial No. 26 of 1993 was registered.

(3.) In sessions trial, accused Gopal was charged for offences under Section 302, 307, 323 IPC, which he denied and claimed to be tried. The prosecution examined PW-1, Vijay Kumar, PW-2 Bhagggu Lal, PW-3 Kallu, PW-4 Dr. Dinesh Swarup , PW-5 Raj Narayan, PW-6 Narendra Prasad Singh, PW-7 Constable Israrul Hasan and PW-8 Dr. K.P.Singh. These witnesses had proved the documentary evidence as well as material exhibits of the prosecution side.