DASHRATH Vs. STATE OF U P

JUDGEMENT

(1.) Present Jail Appeal has been preferred by appellant Dashrath against judgment and order dated 23.2.2013 passed by Additional Sessions Judge, Court No. 3, Jhansi in S.T. No. 332 of 2010 (State Vs. Dashrath), crime no. 1359 of 2009, Police Station Mauranipur, district Jhansi whereby appellant was convicted and sentenced for offence under Section 302 IPC for life imprisonment and fine of Rs. 10,000/- was also imposed. In default of payment of fine, appellant was also directed to undergo six months' additional imprisonment.

(2.) Prosecution case, in nutshell, is as under :

(3.) One written report (Ext. Ka-1) was moved by P.W.-1 Pooran Singh at Police Station concerned on 1.10.2009 mentioning therein that in the last night informant's brother Nawab Singh, his wife Smt. Bilaspurwali and his daughter Parvati after taking their meal were sleeping in their room. Brother of the first informant runs a poultary farm. In the night at about 11.30 accused appellant Dashrath along with one unknown person came at the house of the deceased and asked for a chicken. Deceased told him that chicken is not ready to sell. On this they started quarreling. Thereafter both the accused inflicted injuries by spear and knife. Deceased making hue and cry came out from the room and fell down on the road at about 100 paces away from the place of occurrence. On hearing the alarm, the informant, his brother Bharat Singh and nephew Pushpendra came there and exhorted the accused persons then they ran away towards southern side. Informant and his brother had torches with them. Leaving the dead body at the place of occurrence informant came to Police Station and moved written report.