RAJESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Raj Baksh Singh, learned counsel for the appellant and Shri Sharad Dixit, learned A.G.A.

(2.) Instant appeal arises out of the judgment and order passed by learned Additional Sessions Judge/ Special Judge (E.C. Act Faizabad) in Sessions Trial No.391 of 2007, State versus Rajesh Kumar arising out of Crime No.1274 of 2007, under Section - 302 I.P.C., Police Station - Kotwali Ayodhya, District - Faizabad, whereby learned trial court has convicted the accused appellant under section - 302 I.P.C. and sentenced him with imprisonment for life and fine of Rs.2000/- with default stipulation of six months additional imprisonment.

(3.) According to the prosecution on 03.10.2007, complainant Rajesh Kumar alongwith his father Sant Ram was sleeping in the room situated at the tubewell. At about 11:30 p.m. he went to latrine towards western side of the tubewell. After some time he saw that some person came from the northern side from the chak road and inflicted injuries upon the head and face of his father. They also removed electric motor of three horse power. On raising the alarm by the complainant, miscreants ran away towards western side throwing the motor. Complainant started crying and rushed towards his house. His brother Krishna Prasad alias Janjali, nephew Pratap Kumar came at the spot. Injured Sant Kumar succumbed to the injuries.