SURYA NARAYAN TRIPATHI Vs. STATE

JUDGEMENT

(1.) This jail appeal has been preferred by accused appellant Surya Narayan Tripathi against judgment and order dated 10/11.3.2004 passed by Additional Sessions Judge (FTC), Kaushambi in Session Trial No. 200 of 2002 convicting and sentencing appellant for the offence punishable under Section 302 I.P.C. for imprisonment for life and a fine of Rs. 5,000/-. In case of default in payment of fine, appellant was also to undergo four months' additional rigorous imprisonment .

(2.) Facts of case, as unfolded by informant Bhupendra Kumar Pandey, son of Harihar Prasad Pandey, resident of village Ghoghapur, P.S. Ghurpur, District Allahabad, are that on 29.5.2002 he had gone to house of his sister situate at village Khopa, Police Station Sarai Akil, District Kaushambi. On 30.5.2002 when informant asked her sister to accompany him for offering prayer at Shrine situate at village Berui, his brother-in-law objected but after convincing him a lot, he was ready to go there. Thereafter, informant, his sister and brother-in-law proceeded for Shrine. As soon as they reached near Well situated at Chaupurwa jungle, his brother-in-law suddenly began to attack from behind on the neck of her sister with axe kept in his hand. After receiving injury, sister of informant fell down there and succumbed to her injuries on the spot itself. When informant tried to save her, he also tried to kill the informant. Saving his life, informant ran away and hiding himself here and there reached police station for lodging F.I.R.

(3.) On the basis of written report (Ext. ka-1), chik First Information Report (Ext. Ka-2A) was registered at Police Station concerned mentioning all details as had been described in Ext. Ka-.1. G.D. entry (Ext. ka-3) was also made at the same time.