CHANDAN YADAV Vs. STATE

JUDGEMENT

(1.) Present jail appeal has been preferred by accused-appellant Chandan Yadav against judgment and order dated 22/23.02.2011 passed by Additional Sessions Judge/Special Judge Dacoity Affected Areas Act, Lalitpur in Session Trial No. 120 of 2009 arising out of Case Crime No. 230 of 2009 (State of U.P. Vs. Chandan Yadav) under Section 302 I.P.C., Police Station Girar, District Lalitpur convicting and sentencing accused appellant for the offence under Section 302 I.P.C. with imprisonment for life and also fine of Rs. 10,000/-. In the event of default in payment of fine, accused-appellant was also directed to undergo one year additional imprisonment.

(2.) Brief facts of case, as unfolded by Karan Yadav son of Rati Ram Yadav in First Information Report (in short 'F.I.R.'), are that on 205.2009 his father had purchased one acre land from Halke son of Punnu Yadav four days ago in the name of mother of informant and due to this fact, accused-appellant Chandan Yadav, brother of Halke, was not satisfied. A panchayat was convened and it was told to accused-appellant Chandan Yadav that if he would refund entire consideration amount, land will be returned back, hearing this, accused-appellant left the Panchayat. On the day of incident, mother of informant was sitting beneath mango tree. Informant and his brother Shriram were feeding animals near the tree. At that time at about 03:00 PM accused-appellant armed with axe came there and suddenly caused repeated blow on the mouth and neck of mother of informant and committed her murder. When informant and his brother raised alarm, accused-appellant along with weapon, used in crime, ran away towards Bamhori. Incident was witnessed by other villagers also. Informant reached at police station concerned along with written report with request to take legal action against accused-appellant.

(3.) On the basis of written report (Ext. ka-1), chik F.I.R. (Ext. Ka-3) was registered at police station concerned on 22.05.2009 at 03:45 PM against accused-appellant for the offence under Section 302 I.P.C. at Case Crime No. 230 of 2009. G.D. entry was also made on the same day on the basis of chik F.I.R. at (Ext Ka-4). Investigation started in the matter. Police reached at place of occurrence on the same day, took blood stained and plain earth from the place of occurrence; kept the same in sealed boxes preparing sample seal and fard (Ext. Ka-2). Inquest report (Ext. Ka-7) along with police papers i.e. Form No. 13, photo lash, letter to C.M.O., letter to R.I., ( Ext. ka-8 to ka-12) were also prepared. Dead body of deceased was carried to mortuary for post mortem by Constable Mulayam Singh and Constable Fool Singh.