NANKAUNA Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal, filed on behalf of the accused-appellant, is directed against the judgment and orders dated 21.03.2014 passed by Sri Jai Prakash, Sessions Judge, Chitrakoot, in Sessions Trial No.125 of 2007 (State Vs.Nankauna) whereby, the appellant has been convicted under section 304 IPC and sentenced to undergo rigorous imprisonment of ten years and fine of Rs.40,000/- in default thereof to further undergo imprisonment of three months.

(2.) Heard Sri M.C.Chaturvedi, learned Senior Advocate, appearing for the appellant and Sri Raj Bahadur, learned counsel for the State and perused the record.

(3.) In support of the present appeal, learned counsel for the appellant very briefly submits that substantial improvement has been made from the version contained in non-cognizable report and statements before the Court. He has further submitted that there is contradiction between the medical evidence and ocular version of the occurrence. According to him, eye-witness is planted. None saw the occurrence and actually deceased had fall from the roof of his house and he died as a result of injury sustained by fall. On account of family dispute, the appellant has been falsely implicated. It is surprising that deceased was treated at the Primary Health Centre, Pahadi, District Chitrakoot, though he died at Swaroop Rani Hospital, Allahabad, after four days of the occurrence but his dying declaration was not recorded and no weapon of murder could be recovered by the investigating officer.