ALTAF Vs. STATE

JUDGEMENT

(1.) Heard Mr. J.P. Mishra, learned counsel for the appellant as well as Ms. Usha Kiran, learned Additional Government Advocate for the State.

(2.) The challenge is the judgment and order dated 28.01.2010 passed by the Additional Sessions Judge, Fast Track Court No. 4, Gautambudh Nagar, in Sessions Trial No. 357 of 2008. The learned Additional Sessions Judge has convicted the appellant under Sec. 302 of the Indian Penal Code and sentenced to imprisonment for life with a fine of Rs. 10,000.00 in default to undergo further simple imprisonment for one year.

(3.) The case of the prosecution is that the First Information Report was lodged by Dev Raj Tyagi son of Manak Chand R/o Jaunchana, Police Station Rabupura, District Bulandshahar on 25.10.1987 at 8:30 a.m. to the Police Station Rabupura, District Bulandshahar. In his first statement, he stated that while in the last night at about 10 hours, he was sleeping at home, he received information that Madan son of Ved Ram, resident of village Morara, Police Station Adampur, District Muradabad, who is servant of Ram Kumar, was attacked with spear (Ballam) by Altaf son of Suraj Sonar. He had also stated that some altercation had been done between them about radio, about one and a half months ago. Madan had purchased the said radio, whereas one day Altaf (accused/appellant) had snatched it and had also threatened him that he and his master shall see him on any day. It was stated that when he along with village Pradhan Jagarnath Tyagi (Nobul Singh) son of Jagat Singh, Pratap son of Balwant Singh, Vijay son of Suraj Sharma and Prakash went to the tube well, then the deceased had been groaning with pain and complained that Altaf had attacked upon his stomach with spear (Ballam). Then he got him admitted in the Government hospital, where his condition was very critical, then he immediately rushed, to the Bulandshahar, Hospital, where Madan took his last breath.