PINTOO @ BRIJESH RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant has assailed the judgment and order dated 15.09.2011 passed by Additional Sessions Judge, Court No. 16, Deoria in Sessions Trial No. 30 of 2006 (State of U.P. Vs. Pintoo @ Brijesh Rai and others) arising out of Case Crime No. 182 of 2005, under Sec. 302/34 IPC, P.S. Bhatni, District Deoria, by which appellant has been convicted under Sec. 302 Penal Code and sentenced to undergo life imprisonment and fine of Rs. 5,000.00 (in default of payment of fine, six months additional imprisonment).

(2.) Co-accused Harindra Rai and Smt. Jagdamba Devi have been given benefit of doubt and acquitted from charge under Sec. 302/34 Penal Code levelled against them, by the aforesaid impugned judgment.

(3.) Prosecution case, in brief, is that informant Rajan Rai son of Ravindra Rai, resident of Rampur Khoriwari P.S. Bhatni, District Deoria, submitted written Tahrir, Ext. Ka-1, in P.S. Bhatni, District Deoria, narrating therein that his father and another brother of his father are living separately. His grand father Bhikhari Rai son of Sita Rai, aged about 75 years is living with the family of informant. Two bighas of land was reserved for livelihood of his grand father and uncle of informant Sri Harindra was having doubt that the land reserved for his grand father may be transferred by him to father of the informant and uncle of informant and his family members were having enmity with the grand father of the informant due to this reason. Informant was sleeping nearby his grand father on 13/14.06.2005 and Pintoo @ Brijesh Rai son of Harindra Rai came near to cot of the informant at about 2:00 a.m. and said that it is morning hour, go and come back after running. Informant went for easing himself taking Lota (utensil to keep water) at about 2:20 a.m. and after returning back saw that Pintoo @ Brijesh Rai was attacking on neck of his grand father and Harindra Rai and his wife Jagdamba Devi were catching the legs of his grand father. Hearing the alarm raised by the informant, his father Ravindra Rai son of Bhikhari Rai, Nasaruddin Ansari son of Maqbool Ansari, Bhola Kharwar son of Gorakh Kharwar, resident of Rampur Khoriwari, P.S. Bhatni, District Deoria came with torch in their hand and saw the occurrence. There was light of lantern in the nearby 'MADAI'.