SIYA RAM Vs. STATE OF U P

JUDGEMENT

(1.) This criminal jail appeal has been preferred by the appellant-accused Siya Ram against the impugned judgment and order dated 15.3.2011 passed by the Trial Court/Special Sessions Judge, Lalitpur in Special S.T. No. 14 of 2007 (State vs. Siya Ram), under Sections- 302 IPC and 3(2)(v) S.C. & S.T. Act.

(2.) By means of impugned judgment and order, trial court has convicted the appellant-accused for the offence punishable under Section-302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000/- with a default sentence of two months imprisonment. The appellant-accused, however, was acquitted of charge under Section-3(2)(v) S.C. & S.T. Act.

(3.) The case against the appellant-accused has arisen on the basis of written report Ext. Ka-1 dated 1.2.2007, lodged by the informant/complainant Param s/o Paltu, r/o Village-Dailwara, District-Lalitpur, who belongs from SC category. Brief background of the present case is that on 1.2.2007 at about 6.00 P.M., his daughter in law Smt. Kiran and her daughter Ram Devi and complainant's wife Smt Girja Bai went for call of nature in an open area and at that point of time accused Siya Ram forcibly caught hold Smt Girja Bai and dragged her. Thereafter, on return, his daughter-in-law told him that accused killed Smt Girja Bai and when complainant and his daughter-in-law alongwith other villagers went there his wife was found dead. A mark of injury was found on her neck.