AMAR PAL MAURYA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Anuj Dayal, learned counsel for appellant-accused, Ms. Nand Prabha Shukla, learned AGA and perused the record.

(2.) Under challenge in the instant appeal is the judgment and order dated 03.11.2015 passed by Additional Sessions Judge, Court No. 4, Sitapur in Sessions Trial No. 928 of 2011 (State Vs. Amarpal Maurya) arising out of Crime Case No. 103 of 2011 under Section 302, 504 I.P.C. Police Station, Pisawan, District Sitapur whereby the appellant/Amar Pal Maurya was convicted for the offence under Section 302 I.P.C., sentenced with the imprisonment of life and also fine of Rs. 2000/- with the default stipulation of one year additional rigorous imprisonment.

(3.) In brief, case of the prosecution was that the complainant, Naresh S/o Puttu R/o Village - Dhakhaura Thana Piswan District Sitapur lodged a First Information Report at Thana - Pisawan District Sitapur on 20.03.2011 that his brother Raju who is a labour in Delhi had come to celebrate Holi festival at his house. Four months prior to the incident, Raju had given Rs. 1500/- as a loan to Amar Pal Maurya, on the said date at 01.30 p.m. when Raju went to take back his loan from Amar Pal Maurya, started abusing him, thereafter there was an altercation and fight taken place between them.