SUBHASHH KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) Challange in this appeal is to the judgment dated 11.1.2005 passed by the Addl. Sessions Judge, Fast Track Court , Sonebhadra in S.T. No. 132 of 2002, whereby he convicted the appellant under Section 302 Indian Penal Code and awarded him a sentence of imprisonment for life and to pay a fine of Rs. 5000/- and in default to further undergo imprisonment for two years.

(2.) According to the prosecution version, deceased Ganga Ram has two sons, one Subhash who is the accused while Shri Ram, who is the informant in this case. Shri Ram had two sons, elder Raj Narayan and the younger Sanjay. Ganga Ram and Sanjay are the deceased of this case.

(3.) Ganga Ram had 7-8 Bighas of land in village Bharkana, which he had divided ten years ago in three parts between himself, Shri Ram and Subhash. Thereafter, Subhash separated and his mother Jayanti Devi started living with him, while Ganga Ram continued to live with his elder son, Shri Ram.For about a month before the occurance, Jayanti Devi shifted and started living with her elder son Shri Ram.