RAJESH KUMAR LODHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Rajesh Kumar Lodhi has assailed common judgment and order dated 10.9.2003 passed by Additional Sessions Judge (Court No. 10) Kanpur Nagar in Sessions Trial No. 190 of 2001 (State Vs. Rajesh Kumar Lodhi) arising out of Crime No. 361 of 2000 under sections 302, 307 Indian Penal Code (in short, IPC) Police Station (in short, P.S.) Bidhnoo District Kanpur Nagar and Sessions Trial No. 308 of 2001 (State Vs. Rajesh Kumar Lodhi and another) arising out of Crime no. 362 of 2000 under sections 25/30 Arms Act, P.S. Bidhnoo, District Kanpur Nagar, whereby appellant was convicted and sentenced under Sec. 302 Penal Code to undergo rigorous imprisonment for life along with a fine of Rs. 2,000.00 with default stipulations and he was further sentenced to undergo rigorous imprisonment for three years for the offence under Sec. 27 Arms Act. Both the sentences were directed to run concurrently. However, appellant Rajesh Kumar Lodhi was acquitted of the charge under Sec. 307 IPC.

(2.) Prosecution case in brief is that on 7.11.2000 at about 7:45pm, informant Smt. Suman (PW-1) and her brother Rajjan Verma (PW-2) went to grocery shop of Prakash Bajpai to purchase Besan (gram flour) where appellant Rajesh Kumar Lodhi was also present. Deceased Dhunna, husband of informant also followed his wife to that shop. Appellant Rajesh Kumar Lodhi was hurling abuses. Deceased was also pushed back by appellant whereupon informant Smt. Suman asked her husband to come back home. Deceased sent his wife back to residence assuring her that he will not interfere with appellant Rajesh Kumar Lodhi.

(3.) First PW-1 Smt. Suman came back to her residence. Her husband Dhunna and her brother Rajjan Verma (PW-2) also came back and were standing on raised platform (Chabutra) of Nanku Sahu.