PRAHLAD Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has been preferred against the judgment and order dated 16.7.2003 passed by the learned Additional Sessions Judge, Sitapur in ST No.122/2002, Police Station Sandana, District Sitapur, whreby accused was convicted and sentenced under section 302 IPC for imprisonment for life and Rs.10,000/- with default stipulation of two years imprisonment under section 201 IPC for three years rigorous imprisonment and fine of Rs.2000/- with default stipulation of six months imprisonment. Both the sentences were directed to run concurrently.

(2.) According to the prosecution version, a written report was submitted by Ram Vilas on 11.6.2002 at Police Station Sandana stating that a girl was born in the house of Chhote Lal and Gunnau wherein Smt Kanti, wife of the complainant, was called for doing some domestic work. She used to go in the morning. Earlier, the same job was being done by the wife of Prahlad. Engagement of the wife of complainant was not liked by Prahlad.

(3.) On 11.6.2002, in the morning Smt. Kanti was going for Sidhauli for her work. As soon as she reached in front of western nullah at about 09:00 AM Prahlad attacked her by banka and cut her neck. He ran away towards eastern side along with the head of the deceased. When Kanti did not reach house of Chhote Lal and Gunnau, then they were coming to the house of complainant for making an inquiry as to why deceased has not come for doing her job They saw the accused Prahlad running along with the head of deceased and banka. They informed the complainant, then complainant lodged the FIR on 11.6.2002 at 03:45 PM at the police station wherein a case under section 302, 201 IPC was registered at case crime no.122/2002. Investigation was handed over to Station Officer V.K. Saxena. Inquest proceedings were conducted. Dead body was sealed and sent for postmortem which was conducted on 12.6.2002 at 02:00 PM. Plain and blood stained earth along with four cycles, shoes were recovered.