MAHADEV RAIDAS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard, Sri Adarsh Mehrotra, learned Amicus Curiae for the appellant and Sri Pawan Kumar Mishra, learned counsel A.G.A for the State. Perused the records.

(2.) The aforesaid jail appeal arises out of order and judgment dtd. 27/4/2017 passed by the Court of Additional Sessions Judge, Court No. 3, Lakhimpur Kheri in Sessions Trial No. 357 of 2005 (State v. Mahadev Raidas) arising out of case crime no. 807 of 2004, Police Station Gola, District- Lakhimpur Kheri, wherein the appellant has been convicted under Sec. 302 of Indian Penal Code (in short I.P.C) and sentenced to imprisonment for life along with a fine of Rs.25,000.00 and in case of non-payment of fine, an additional six months simple imprisonment. It has further been directed that, out of the total fine amount, a sum of Rs.20,000.00 shall be paid to the wife of the deceased by way of compensation.

(3.) The prosecution story, in brief, is that on 28/10/2004 complainant Hemnath s/o Maikulal r/o Purnbhugrant, Police Station- Gola, District- Kheri submitted a written report in Police Station- Gola stating therein that his brother, Kandhai was asleep, when at around 9:00 PM, Mahadev s/o Tauleram, a resident of the same village, came to his house and called Kandhai outside and took him along. It was further alleged that Kandhai's wife, Lajja Devi, objected to his going; however, the accused persuaded him on the pretext of going for fishing and took him away. It was further stated that when Kandhai did not return home even by 11:00 P.M., Lajja Devi sent her brother-in-law, Bhagwan Deen, in search of him. Despite extensive search, Kandhai could not be traced and he returned home exhausted at about 3:00 A.M. Thereafter, Lajja Devi disclosed that the accused Mahadev had earlier expressed his desire to keep her, which she had refused and had informed her husband also about the same. It was further alleged that upon refusal, the accused had threatened that he would eliminate her husband. On the following morning, one Suresh s/o Putan, of his village, informed that on the previous night at about 9:00 P.M., Mahadev had brought Kandhai and that the accused had made him consume liquor. Thereafter, the complainant and his family members searched the fields and nearby forest area and in the Gadiyana forest, the dead body of Kandhai was found lying with his throat slit. It was alleged that the accused Mahadev had committed the murder of Kandhai and body is lying on the spot.