RAJU SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Shri Girish Chandra Verma, learned counsel for the appellant, and Shri Sharad Dixit, learned AGA for the State were heard at length.

(2.) Under challenge in the instant appeal is the judgment and order dated 16.12.2005 passed by Additional Sessions Judge, Court No. 1, Sitapur, in Sessions Trial No. 861 of 2004 arising out of Case Crime No. 243 of 2004, Police Station Laharpur, Sitapur, whereby the present appellant Raju Shukla was convicted for the offence under Sec. 302 IPC and was sentenced with imprisonment for life.

(3.) In brief, the case of the prosecution was that the complainant Smt. Guddi lodged a first information report at police station Laharpur, District Sitapur on 10.06.2004 at 04.30 PM alleging therein that on 08.06.2004 her Payal (an ornament) was missing from her house. She was having suspicion on appellant Raju Shukla. On 10.06.2004 in the morning, the complainant asked the mother of the appellant that in case Raju Shukla has taken her Payal then ask him to return the same. Feeling provoked on such statement of the complainant, Raju and his mother started abusing the complainant. During the said altercation at about 02.30 PM while the complainant was cleaning her utensils at the hand pump in front of her house and her son Mukut Bihari, aged about two years, was also sitting by her side, complainant and Raju were indulged in altercation. In the meantime Raju feeling provoked by such altercation went to his house and came running on the spot along with Banka and gave a blow of Banka which hit on the back of neck of Mukut Bihari (son of the complainant) due to which he sustained injuries. Hearing the noise, Raj Kumar and Shiv Sagar Lal reached there but by that time appellant ran away towards his house. While the complainant was taking her injured son to Laharpur for his treatment, on the way her son succumbed to injuries. Thereafter the first information report was lodged by the complainant at the police station which was registered under Sec. 304 IPC.