GOKUL PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard learned Counsel for the appellant and learned A.G.A.

(2.) This criminal appeal has been filed against the judgment and order dated 12.12.2006 by Sri Rohitesh Singh Gangwar, the then Additional Sessions Judge/FTC No. 5, Sitapur in Sessions Trial No. 839 of 2005 whereby he has convicted the appellant Gokul Prasad under Sec. 302 Penal Code and sentenced him to death and a fine of Rs. 1000.00.

(3.) The facts narrated in the FIR are that the informant Smt. Usha Devi, wife of deceased Chandrika Prasad submitted a written application to the police station Misrikh to the effect that her husband Chandrika Prasad, aged about 30 years had developed illicit relations with Rubi, wife of his younger brother Gokul Prasad. On coming to know about the said fact, Gokul Prasad cut the nose of his wife. The said incident was reported at the police station. Due to these illicit relations Gokul Prasad had become inimical with Chandrika Prasad. On 22.6.2005, the informant along with her husband Chandrika Prasad (deceased) and her brother Suresh while going to village Mahabirpur. At about 9.00 p.m. on reaching near the sugarcane filed of Ram Lakhan Yadav s/o Makrand Yadav, Chandrika Prasad who was ahead of all, then suddenly Gokul Prasad appeared from the back was assaulted over the neck of the husband of informant with banka. When the informant tried to rescue her husband, she was threatened that if she tries to come near, she will also be cut into pieces. On account of the said assault the husband of informant had fallen over the ground and the accused, after cutting down the head of the husband of informant, had fled away towards the forest from the spot with the cut-head in one hand and the banka in the other. On the alarm of the informant, a number of villagers had assembled at the spot. The informant narrated that she has witnessed the incident in moon-lit-night. A case was registered at the police station on 22.6.2005 at 22.45 hrs. under Sec. 302 Penal Code at Crime Case No. 245/2005.