SANTOSH KUMAR SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Santosh Kumar Shukla has assailed the judgment and order dated 27.11.2003 passed by the Additional Sessions Judge, Court no. 6 Jaunpur in S.T. No. 586 of 2001 arising out of Crime No. 152 of 2001 under Sec. 302 of Indian Penal Code (IPC), Police Station (P.S.) Singramau, District Jaunpur whereby the appellant was convicted and sentenced to life imprisonment and a fine of Rs. 1000.00 with default stipulation.

(2.) Prosecution story in brief is that informant/complainant Pradeep Kumar Shukla @ Bablu who was living in village Dhaniamau had come to his parental village Firozpur. He was cutting fodder along with his sister Ragini and mother Shobha Devi in afternoon of 17.09.2001. His four years old brother Vipul Kumar was playing in front of his house. Suddenly at 4:30 pm. they heard the cries of deceased Vipul Kumar. All of them rushed towards the source of this noise and witnessed that appellant Santosh Kumar Shukla was stabbing Vipul Kumar (deceased). This incident was also witnessed by his elder father (Tauji), Manogi Prasad Shukla (PW 2). All of them raised alarm and rushed towards appellant Santosh Kumar Shukla who threw the knife on the place of occurrence and fled away.

(3.) The incident occurred sometime around 4:30 pm. on 17.9.2001. Complainant Pradeep Kumar Shukla @ Bablu (P.W. 1) went to the police station Singramau located almost 10 kms. away from the place of occurrence and lodged FIR (Ext. Ka-1). A chik report (Ext. Ka-4) was carved out. The case was entered into general diary (G.D.) of concerned P.S. extract of which is available on record as (Ext. Ka-5).