RAJENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal has been filed by appellant against a judgment dtd. 20/9/2019 and order dtd. 23/9/2019 passed by the Additional District and Sessions Judge, Deoband, Saharanpur in Sessions Trial No. 603 of 2015 arising out of Case Crime No. 247 of 2015, under Sec. 302 IPC whereby the learned Judge convicted and sentenced the appellant to life imprisonment and a fine of Rs.10,000.00, in case of default in payment of fine, he was further directed to undergo additional imprisonment of one year.

(2.) The brief facts of the case as set up in the first information report is that a written report was filed by Smt. Babita, wife of Harpal Singh, resident of Rankhandi, Police Station Deoband, District Saharanpur that Rajendra Singh, son of late Subedar Singh (hereinafter referred to as "the accused- appellant") wanted to sell the ancestral property of his part, which was being opposed by her husband Harpal Singh (hereinafter referred to as "the deceased") for the future of his (accused) children due to which the accused-appellant harbour enmity with the deceased and used to abuse the deceased. He also extended threat to the deceased for dire consequences. On 28/4/2015, some dispute took place between the accused and the deceased in the evening and thereafter accused left the place. At about 09:30 or 10:00, the accused-appellant came back and sat in ambush in his earlier house and as soon as deceased reached there, the accused- appellant attacked him indiscriminately by Balkati over head and body. On hearing the noise, when the first informant came out of the house, she saw the accused assaulting her husband (deceased). On her shrieks, members of her family and co- villagers rushed to the spot. Seeing the witnesses, the accused fled away along with Balkati towards north. Her husband was taken to the Government Hospital, Deoband, where doctor referred him to District Saharanpur, where he succumbed to his injuries.

(3.) On the basis of the aforesaid report, a case was registered against the accused-appellant at Case Crime No.247 of 2015, under Sec. 302 IPC, which was entered in GD at 12:20 hours.