(1.) This criminal appeal has been preferred by the appellant Shiv Kumar against the Judgment and order dated 8.5.2006 passed by the learned Additional Sessions Judge Fast Track Court No. 1, Siddharthnagar convicting the appellant under Sec. 302 Penal Code and sentencing him to undergo life imprisonment and a fine of Rs. 5,000.00and in default of payment of fine, the appellant was to undergo six months additional imprisonment.
(2.) The prosecution case was that in the morning of 21.9.2005 at about 8.30 A.M. the deceased Visheshar had gone along with the appellant Shiv Kumar, who was his grand-son, for the purpose of irrigating his Arhar field in village Kudi of police station Dumriyaganj. After half an hour when the informant Gurucharan, the father of the appellant had gone to spread cow dung (fertilizer) in the field, he saw the appellant had felled down his father and was hacking his neck with a Hansia. On seeing the informant, the appellant ran towards him. The informant ran in the direction of the canal raising an alarm. On seeing the informant's brother Ram Baran and Ors. working on their fields there the appellant ran away. The witnesses reached the spot where they saw the informant father Visheshar lying dead on the field.
(3.) The informant Gurucharan then got a report (Ext. Ka. 1) of the incident scribed by Ram Inder and lodged it on 21.9.2005 at 10.45 A.M. at police station Dumariyaganj, which was at a distance of 6 kms. from the place of incident. On the basis of the said report, constable-Muharrir Rameshwar Prasad prepared chik FIR (Ext. Ka. 2) and made entries in G.D. (Ext. Ka. 3). The investigating officer, P.W. 4 SI Girjesh Shahi, SHO, police station Dumriyaganj started the investigation. He proceeded to the place of incident where he conducted inquest on the dead body of the deceased and sent the dead body for post-mortem.