RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) This criminal jail appeal has been preferred by the appellant-accused Raj Kumar s/o Chiddha Singh r/o House No.551, Phool Bagh Colony, Meerut P.S. Nauchandi, District Meerut against the impugned judgment and order dated 28.7.2009 passed by the Trial Court/Sessions Judge, Meerut in S.T. No.331 of 2009 (State of U.P. vs. Raj Kumar), under Section 302 IPC.

(2.) By means of impugned judgment and order, trial court has convicted the appellant-accused under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/- with default sentence of one year imprisonment.

(3.) The case against the appellant-accused has arisen on the basis of written report Ext.Ka-1 lodged by the informant/complainant Smt. Meena wife of deceased Rakesh R/o Phool Bagh Colony, P.S. Nauchandi, Meerut on 12.1.2009, at P.S. Nauchandi. The facts mentioned therein are that appellant-accused Raj Kumar and his younger brother Rakesh Kumar (deceased) used to reside in separate apartments of their house at Phool Bagh Colony, Meerut, P.S. Nachaundi, District Meerut. Both of them used to quarrel now and then. Accused is a Rickshaw puller and the deceased used to sell vegetables. On 12.1.2009 at about 8:30 p.m, accused started hurling abuses to informant casting aspersions on her and as Rakesh took exception thereto, accused Raj Kumar got annoyed and gave blows to him with a small gas cylinder and brick hitting him at his head, sustaining fatal injuries Rakesh fell down and died on the spot instantaneously, then informant alongwith her daughter Kumari Shashi went to the P.S. Nauchandi, Meerut situated at distance of about 2.5 k.m. from the place of occurrence in a rickshaw and handed over written report of the occurrence there at about 9:15 p.m.