MANNOO KHNAGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment and order dated 14.3.2005 passed by the District and Sessions Judge, Mahoba in Session Trial No. 87 of 2004 convicting the appellant under section 302 I.P.C. and sentencing him to life imprisonment with fine of Rs. 5000/- and in case of default in payment of fine, further six months R.I.

(2.) Briefly stated the facts of the case are that a First Information Report was lodged by one Khoob Chand Singh stating that on the night of 16.3.2004 at about 10 p.m. when he was going to the field along with his brother, Kallu Singh and one Munna Singh s/o Shiv Nath Singh of the same village, he saw that his father and Mannoo s/o Bhura Khangar were having a heated argument. Mannoo had an axe in his hand and in the heat of passion, Mannoo assaulted Ram Narain Singh, father of the informant with the axe, as a result of which his father fell down screaming. The informant along with Kallu Singh and Munna Singh had just then reached the spot. They were carrying food for Ram Narain Singh. When these people raised alarm, Mannoo ran away towards the west carrying the axe in his hand. According to the informant they saw the accused very clearly and also identified him. It is further stated that his father was alive for some time but when they were preparing to take him for treatment, he died as a result of the injuries. It is also stated that the informant and his brother or Munna Singh did not go to lodge the FIR in the night itself because they were frightened and left the body under the care of some villagers. A written report, drawn by Arun Kumar Singh s/o Sunder Singh Chauhan, was submitted to the Police with regard to the incident and the FIR was lodged next day on 17.3.2004 at about 9:35 a.m. Recovery memo of blood stained clothes namely Gamchcha, Pillow and Blanket was prepared on 17.3.2004 and a separate recovery memo of blood stained earth sample was prepared and put into sealed boxes. The accused denied the allegations against him and also claimed that he had been falsely implicated on account of enmity.

(3.) In order to prove its case the prosecution has examined five witnesses in all. PW-1 Khoob Chand, the informant in his testimony has stated that he was carrying food for his father on the night of 16.3.2004 at about 10:30 p.m. and this incident was seen by him in the torch light and in the torch light he identified the accused. He also stated that between the father of the accused and the deceased there was a litigation relating to land which the deceased had won and it was on this account that the accused was having heated and agitated arguments with his father and in a heat of passion, he killed him with the axe. He dealt him axe blows resulting in his death. This witness has also stated that he was about 15- 20 steps away from his father when the incident occurred. At another place he has stated that he was 20-25 steps away. The accused dealt about 7-8 blows of the axe on his father resulting in his death within 2 or 3 minutes.