ADITYA @ HARI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Vinod Kumar Singh assisted by Shri Ashok Kumar Misra, learned counsel for the appellant and Shri Sharad Dixit, learned A.G.A. for the State.

(2.) Instant appeal has arisen against the judgment and order passed by learned Additional District and Sessions Judge, Court No.9, Lucknow dated 11.12.2015 in Sessions Trial No.432 of 2009, State versus Aditya alias Hari Lal, Case Crime No.853 of 2008, under Section - 302, 506 I.P.C., Police Station - Madiyaon, District - Lucknow convicting accused under Section 302 I.P.C. and sentencing him with imprisonment for life and also with fine of Rs.50,000/- with default stipulation of two months' additional imprisonment, under section 506 I.P.C. imprisonment for two years and also with fine of Rs.2000/- with a default stipulation of two months' additional imprisonment.

(3.) According to the prosecution version, complainant Uday Pratap and accused Aditya alias Hari Lal are real brothers while deceased Komal Yadav is their father. Accused was inimical to his father on account of certain money transactions and was living in a separate house. Deceased was constructing a new house in his field and used to live there in a thatch. Complainant was also living with his father for the security of articles. During the intervening night of 9/10.12.2008 complainant and his father were sleeping in the thatch on separate cots. There was light of electric bulb. At about 12:00 in the night complainant awoke hearing the shrieks of his father and saw that his elder brother Aditya alias Hari Lal appellant was strangulating the neck of his father by 'gamchcha'. He had also threatened the complainant with dire consequences if he will divulge it to anyone else. Komal Yadav died due to strangulation by the appellant. Accused ran away from the scene. Complainant went to his house and informed his mother about the incident. He alongwith his mother and some other villagers came to the spot and got a report scribed from one Shri Vinay Kumar Yadav son of Shiv Ratan.