RAM PRASAD @ DHAMALU Vs. STATE OF U.P.

JUDGEMENT

(1.) This Jail Appeal has been filed against the judgment and order dated 31.1.2012 passed by the Additional Sessions Judge, Court No. 1, Siddharth Nagar in Sessions Trial No. 228 of 2010, State v. Ram Prasad alias Dhamalu, under Section 304, IPC, P.S. Itwa, District Siddharth Nagar, whereby court below has convicted the accused-appellant under Section 304, IPC and sentenced to undergo rigorous imprisonment for a period of ten years. In default of payment of fine the accused-appellant has been directed to undergo further rigorous imprisonment of ten months.

(2.) Heard Shri. Rajesh Kumar Singh, learned amicus curiae for the appellant and Mrs. Alpana Singh, learned A.G.A. for the State.

(3.) The prosecution case is that on 5.7.2010 one Buddha Sagar lodged first information report at P.S. Itwa, District Siddharth Nagar stating that accused-appellant caused knife blow to his father at about 8.00 p.m. yesterday, which has resulted into his death today. There was no dispute between his father and accused-appellant prior to this incident. When his father was returning from the house of Jagdish, then, the accused-appellant was hiding in the corner of the gali and he inflicted knife blow. At the time of incident Haridwar Yadav, Kapil Dev and the informant were present. On the basis of this report Case Crime No. 652 of 2010 was registered and after panchnama of the dead body it was sent for postmortem. Investigating Officer prepared the site plan and recorded the statement of the witnesses. On the basis of the evidence collected, charge sheet was filed before the concerned magistrate. On 12.1.2011 charges were framed against the accused-appellant under Section 304, IPC by the Additional Sessions Judge, Siddharth Nagar, the accused denied the charges and sought trial.