SUKH LAL BUNKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal has been filed against the judgment and order dtd. 6/6/2019, passed by Additional Sessions Judge/Special Judge (Dacoity Affected Areas Act), Lalitpur in Sessions Trial No. 6 of 2018 (State Vs. Sukh Lal Bunkar and another), arising out of Case Crime No. 754 of 2017, under Sec. 302/34 IPC, Police Station Baar, District Lalitpur whereby the trial court has convicted both the appellants under Sec. 302 read with Sec. 34 IPC and awarded the sentence of life imprisonment with default stipulation.

(2.) Shorn of unnecessary details, as per the allegations made in the FIR, the incident is alleged to have taken place in the intervening night of 15/16/9/2017, while the first informant along with her husband Hari Kishan were sleeping at their doorstep in separate cots after taking their meals. It is further alleged in the FIR that at about 02:30 AM in the night, when she woke up, she found her husband lying dead with his neck slit. It is further alleged that some days prior to the said incident, there was an altercation between her husband and one Sukh Lal aged about 45 years and Pappu Bunkar aged about 35 years, both sons of Chandi Bunkar, who had threatened to kill him and consequent to the said threat, last night, while her husband was sleeping, his neck had been slit by some sharp object, causing his death. On the basis of the said written report of one Sangeeta, wife of Hari Kishan, an FIR was registered at Police Station Bar, District Lalitpur, under Sec. 302 IPC nominating both the appellants as accused.

(3.) On the basis of the written report handed over by the first informant Sangeeta, wife of Hari Kishan, Head Constable Tek Singh (P.W.-5) had drawn the chik FIR registered as Case Crime No. 754 of 2017, under Sec. 302 IPC, which has been proved and marked as Exhibit Ka-5 and thereafter, its corresponding G.D. entry was made, carbon copy whereof has been proved and marked as Exhibit Ka-6.