RAMSAMUJH Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. J.S. Tomar, learned counsel for the appellant and Mrs. Madhulika Yadav, learned Additional Government Advocate were heard at length.

(2.) Under Challenge in the instant criminal appeal is the judgment and order dated 18.07.2006 passed by learned Additional Sessions Judge/F.C.T. Court No. 9, Pratapgarh, in Sessions Trial No. 122 of 2005, arising out of Case Crime No. 211 of 2004, under Sec. 302 IPC, Police Station Kandhai, District Pratapgarh whereby the appellant Ram Samujh was convicted for the offence under Sec. 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs. 5000/ - with default stipulation of six months additional imprisonment.

(3.) In brief, the case of the prosecution was that the complainant Kaushal Kumar who happens to be son of the present appellant Ram Samujh lodged an FIR at Police Station Kandhai on 11.10.2004 at 15:15 hours alleging therein that on that day at about 9.00 a.m. when he came to his house then he found that his mother Naurangi Devi aged about 45 years and his younger brother Kapil Kumar aged about 5 years were sleeping in the verandah of his house on a takhat. His father who was a habitual drunker and Ganjeri was making pieces of wood in the courtyard of the house. At about 1.30 p.m. he caused the death of his mother and his younger brother while they were sleeping by giving blows of axe (kulhari). The appellant ran away from there. The complainant got the FIR of this case scribed by Dr. Rajendra Prasad Verma of his village and on the basis of the same the case was registered and investigation proceeded. Inquest proceedings were conducted and after completing the other formalities the dead bodies were sent for postmortem. The postmortem on the body of Smt. Naurangi Devi was conducted on 12.10.2004 at 3:00 p.m. and duration of death was reported to be about one day. Six incised wounds were found on different parts of the body of the deceased. The cause of death was shock and haemorrhage as a result of ante -mortem injuries. Likewise, postmortem on the body of the deceased Kapil Kumar was conducted on the same day at 3:30 p.m. and the duration was reported to be about one day old and one incised wound measuring 2 cm x 1 cm x bone deep on top of head was reported by the doctor and cause of death was shock and haemorrhage as a result of ante -mortem injuries.