SHRI RAM YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Mr. Devendra Pratap, learned counsel for the appellant, and Mr. Umesh Verma, learned AGA for the State, were heard at length.

(2.) Under challenge in the instant criminal appeal is the judgment and order dated 28.08.2009 passed by Additional Sessions Judge, Court No.2, Hardoi, in Sessions Trial No.118 of 2007 arising out of Case Crime No.469 of 2006, Police Station Behta Gokul, District Hardoi, whereby the present appellant was convicted for the offence under Section 302 and was sentenced with imprisonment for life and also with fine of Rs.30,000/- with default stipulation of two years' additional rigorous imprisonment.

(3.) In the instant case, appellant happens to be the son of the deceased Gaya Prasad and other deceased of this incident Badri Vishal was elder step brother of the appellant. The first information report of this case was lodged by Smt. Reshma w/o Badri Vishal (deceased) at police station Behta Gokul on 13.11.2006 at 10.10 AM alleging therein that on that day her husband Badri Vishal was irrigating the field. Sriram son of Dilla, her Bataidar, was also present there. Her husband was sitting on a Mend of the field. She was also present there. In the meantime, appellant Sriram son of Gaya Prasad armed with axe reached there and gave blows of axe from the reverse side of it on Badri Vishal. When the complainant Reshma rushed for rescue of her husband then she was pushed down by the appellant. She raised alarm then her Bataidar Sriram son of Dilla also came for the rescue of her husband. In the meantime appellant Sriram son of Gaya Prasad ran towards the village. From the side of the village, father of the appellant namely Gaya Prasad along with daughter of the complainant namely Neetu and Jadunath son of Dammar, brother of the complainant who had come to the village a day prior to the incident, were coming towards the place of occurrence. When these persons reached near the sugarcane filed of Kamal Kishore then appellant Sriram gave blows of axe from the reverse side of it to his father due to which he fell down. Neetu, daughter of the complainant, came to her mother. Thereafter, appellant Sriram ran towards the village. Husband of the complainant died on spot and father in law was sent to hospital where he also succumbed to the injuries. It was also alleged in the first information report that there was dispute regarding the partition of the property and because of that dispute of partition, appellant Sriram has murdered his brother and father.