LAWS(ALL)-2026-1-25

OM PRAKASH Vs. STATE OF U.P.

Decided On January 16, 2026
OM PRAKASH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Krishna Kant Dubey, learned Amicus Curiae for appellant; Mrs. Manju Thakur, learned AGA-Ist for State-respondents and perused the trial court record.

(2.) The above noted criminal appeal has been preferred against the judgment and order dtd. 12/10/1987 passed by Sessions Judge, Kanpur Dehat, in Sessions Trial No.71 of 1987 convicting and sentencing the appellant for offence under Sec. 302 IPC to life imprisonment and under Sec. 376 IPC to 7 years rigorous imprisonment. All the sentences have been directed to run concurrently.

(3.) The facts of the case are that one, Raj Kumar, s/o Narain, lives in village Tarbiatpur, P.S. Bilhaur, Kanpur Mehat. The complainant, Sheo Kumar, is the real brother of Raj Kumar and he lives in village Chaubegahi P.S. Bilhaur. According to the statement of the complainant, Sheo Kumar, the distance between Tarbiatpur and Chaubegahi is about 2 km. The deceased, Km. Sudha, aged about 19 years, was the daughter of sister of Raj Kumar and Sheo Kumar. She was a resident of village Nekpur, P.S. Fatehgarh, Distt. Farrukhabad.. Raj Kumar, his wife Roop Rani, their son Rameshwar and his wife live in the house at Tarbiatpur. The occurrence took place on 15/2/87. It is alleged that Manorama, daughter of Raj Kumar, who was married in Mahmoodpur Deoria, P.S. Jahanabad, Distt. Farrukhabad, was ill, and Raj Kumar and his wife had gone to see her on 12/2/87. It is alleged that an operation of the eyes of Raj Kumar's wife had taken place and the wife of Rameshwar was shortly expected to deliver a child. For these reasons, Sudha was called to Tarbiatpur and was staying there in the house of Raj Kumar.