DASHRATH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed by the convict-appellant Dashrath from Central Prison, Bareilly against conviction and sentence dated 05.07.2008, passed by learned Additional District and Sessions Judge/F.T.C., Court No.6, Sitapur in Sessions Trial No. 848 of 2007, Case Crime No.164 of 2007, under Section 302 I.P.C., Police Station Rampur Mathura, District Sitapur whereby the appellant Dashrath was held guilty of the offence under Section 302 I.P.C. and was sentenced to undergo imprisonment for life and a fine of Rs.5,000/-.

(2.) Brief facts relevant for disposal of this appeal are that the complainant Pavan Kumar, S/o Jagan Mallah, R/o Shuklpur Hazara, Police Station Rampur Mathura, District Sitapur submitted a written complaint dated 23.06.2007 before Station Officer, Police Station Rampur Mathura to the effect that marriage of Dashrath, who was the real uncle of the complainant was performed one year three months back and to arrange money for the same, land of appellant Dashrath was mortgaged. It is alleged that appellant was frequently earning his livelihood outside. One day before the day of occurrence in the evening appellant came and asked the deceased to get his land released from mortgage, whereupon the deceased told the appellant that you are earning outside and out of your earning you should get your land released. Thereafter, the deceased left the place in anger and went towards the village. In the previous night when complainant was sleeping along with his father (deceased) and mother outside the door, at about 10.30 hours appellant Dashrath came there with knife in his hands and started cutting throat of the deceased. When deceased raised alarm, complainant and his mother Sukhmani rushed towards him and caught the appellant and raised alarm. Hearing the commotion, a large number of villagers rushed towards the spot having torch in their hands. Then the appellant rushed towards the northern side. This occurrence was seen by a large number of people of of village.

(3.) After sometime, deceased Jagan Mallah died and due to night and due to non availability of conveyance, immediate information could not be given to the police and dead body of the deceased was lying infront of the door. A request was made to the police for lodging the report and for taking action. This complaint was got scribed by one Angad Nishad, S/o Ram Aadhar Nishad, R/o Village Arjunpurwa, Police Station Rampur Mathura, District Sitapur.