YASPAL Vs. STATE OF U P

JUDGEMENT

(1.) The instant jail appeal filed on behalf of the accused-appellant, is directed against the judgment and orders dated 18.03.2011 passed by Sri Surendra Vikram Singh, the then Additional Sessions Judge, Court No.1, Basti in Sessions Trial No. 128 of 2006 (State Vs. Yashpal) whereby the appellant was convicted under Section 304 IPC and sentenced to undergo rigorous imprisonment of ten years' and pay fine of Rs.10,000/-, in default whereby he further undergo rigorous imprisonment of one month.

(2.) Heard Sri Ravindra Prakash Srivastava, learned counsel for the appellant and Sri Raj Bahadur, learned Additional Government Advocate appearing for the State-respondent and perused the record.

(3.) Briefly stated on 14.04.2006 Ram Dularey was grazing his three cows on the eastern side of the village. At about 2.30 PM accused Yashpal came there and beat Ram Dularey with lathi and seriously injured him. At that time Yashpal was in a drunken state. Injured was taken to Bankati hospital from there he was referred to District Hospital, Basti, where he was admitted and in the night he succumbed to his injuries and died.