ROOPCHAND Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Rajesh Kumar Dwivedi, learned amicus curiae for the appellant and Ms. Nand Prabha Shukla, learned Additional Government Advocate for the respondent - State and perused the record.

(2.) Present appeal has been filed by the accused - appellant against the judgment and order dated 04.07.2007 passed by learned Additional District and Sessions Judge, Ambedkar Nagar in Sessions Trial No.5 of 2004 arising out of Case Crime No.81 of 2003, under Section 302 of IPC, P.S. - Ibrahimpur, District Ambedkar Nagar thereby convicting the appellant under Section 302 of IPC for life imprisonment and awarding Rs.10,000/- as fine.

(3.) Prosecution has set into motion on the basis of an FIR lodged on 11.10.2003 at 07:50 AM by complainant Virendra Kumar son of Late Ramshabd Chamar resident of Badruddinpur, District - Ambedkar Nagar that at about 5:00 AM his elder brother Roopchand who is separately residing with his wife Pushpa due to some difference between his wife and mother Maina Devi. Inspite of the fact that they are living separately the dispute used to take place upon which the wife of his elder brother (Roopchand) had gone to her maternal home situate at village Sonahra, District Ambedkar Nagar. Due to the said fact the accused - appellant Roopchand was annoyed and when his mother was sleeping on a cot, assaulted her on the face with Garasa. After hearing her noise, the complainant alongwith his younger sister Meera, younger brother Arvind and other residents of the same village namely Shyamlal and Ram Sundar reached at the place of occurrence and saw the incidence.