NAWAL KHANGAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Amit Srivastava, learned amicus curiae for the appellant, Sri Pradeep Kumar, learned AGA assisted by Sri Sharad Srivastava, brief holder for the State and perused the record.

(2.) By way of instant Jail Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 07.11.2014 passed by Additional Sessions Judge, court no.2, Jhansi, in Sessions Trial Nos.443 of 2008, State Vs. Nawal Khangar and others, arising out of Case Crime Nos.0844 of 2008, under Section 304 IPC, Police Station- Raksha, District- Jhansi, whereby the accused-appellant- has been sentenced to undergo ten years' R.I. coupled with fine of Rs.5,000/- for offence under Section 304 IPC and in default of payment of aforesaid fine, he will have to undergo six months additional simple imprisonment.

(3.) Gravamen of the charge is discernible from first information report, which was lodged on 6.8.2008 by informant- Vivek Sahu- at Police Station- Raksha, District- Jhansi at 5.30 P.M. regarding the incident, which took place on 30.07.08 at 7.00 P.M., wherein, informant's father- Pragilal Sahu- was murdered by the appellant with averments to the effect that the appellant in company with two other persons quarrelled among themselves on point of payment of money on 30.07.2008 at 7.00 P.M. and in the meanwhile, out of passion, accused- Nawal Khangar- along with two other persons gave bamboo- stick blow on the head of informant's father- Pragilal Sahu- due to which, he died on the spot, thereafter, the accused left the dead body of informant's father in the field of Pratipal Singh Thakur. This fact came to the knowledge of the informant, after he inquired from the nearby people. It was also mentioned in the FIR that postmortem on the dead body of informant's father was conducted on 2.8.2008. Written report is Exhibit Ka-1.