ORI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal filed on behalf of the accused -appellant is directed against the judgment and order dated 23rd February, 2011 passed by Sri Ram Sahai, Additional Sessions Judge, Court No. 4, Lakhimpur Kheri in S.T. No. 857 of 2009 (State v/s. Ori Lal), whereby he has been convicted under Sec. 302 I.P.C. and Sec. 30 Arms Act and sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/ - and further to undergo six months imprisonment and pay fine of Rs. 2,000/ -. In default of payment of fine, he is directed to suffer imprisonment for one month.

(2.) In the present appeal, facts of the prosecution case may be summarized as under: - -

(3.) At this chik F.I.R. was scribed, Case Crime No. 487 of 2009 under Sec. 302 I.P.C. was registered and requisite entry was made in the report of the general diary. Investigation was taken over by Arun Kumar Dwivedi, the then station officer of the police station, who during the investigation on 22nd April, 2009 arrested the accused and recovered weapon of murder, single barrel 12 bore gun. After investigation, chargesheet was submitted.