RAJESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Rajesh Kumar has preferred appeal against the judgment and order dated 2.4.1999 passed by the then Sessions Judge, Farrukhabad in S.T. No. 318 of 1996 (State Vs. Mahesh Chandra Dixit and another), arising out of Case crime No. 238 of 1995, Police Station (in short, P.S.) Chibramau, District Farrukhabad, whereby late Mahesh Chandra Dixit and his son Rajesh Kumar were convicted under Sec. 302 read with Sec. 34 Penal Code and 506 Penal Code and sentenced to life imprisonment alongwith fine of Rs. 10,000.00 with default stipulation and two years rigorous imprisonment respectively. Both the sentences were to run concurrently.

(2.) Appellant Mahesh Chandra Dixit has died, therefore, his Criminal Appeal No. 3930 of 2013 stood abated vide order dated 05.10.2015. This Court is now concerned only with appeal of surviving appellant Rajesh Kumar, who is said to be in jail.

(3.) Prosecution case, in brief, is that complainant Ramakanti, sister of the deceased Subhash Chandra started living with her bother after death of her husband. At the time of incident, she was living at Randhirpur, her parental home. Deceased Subhash Chandra, appellant Mahesh Chandra Dixit and one Rakesh Chandra Dixit were her brothers. Complainant Ramakanti was living with her deceased brother Subhash Chandra, who did not have any child of her own.