AJAI KUMAR CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Apul Misra, for the appellant and Sri Rajeev Kumar Mishra, A.G.A., for State of U.P.

(2.) Ajai Kumar Chauhan (the appellant) has filed the present appeal against his conviction and sentence passed by VIth Additional Sessions Judge, Mainpuri, dated 30.06.1986, in S.T. No. 390 of 1985, State vs. Ajai Kumar Chauhan, (arising out of Case Crime No. 73 of 1985, u/s 302 IPC, P.S. Sirsaganj, district Mainpuri), convicting him under Section 302 IPC and awarding sentence of imprisonment for life, along with fine of Rs. 5,000/-.

(3.) On the basis of written complaint (Ex-Ka-2), of Pradeep Kumar (PW-2), FIR (Ex-Ka-16) of Case Crime No. 73 of 1985 was registered by Head Moharir Abhilakh Singh (PW-9) on 19.01985 at 9:30 PM at PS Sirsaganj, against Ajai Kumar Chauhan. It has been stated in the complaint that the complainant Pradeep Kumar and his younger brother Rajeev Kumar were studying, while sitting on the roof of the building in front of water tank at about 8:30 PM on 19.01985. At that time, Ajai Kumar son of Raghuveer Singh, resident of Gandhi Ashram, Sirsaganj, came to his door and called Rajeev to come below. His brother then went below alone. After sometime, he cried that "Dada ana, mujhe mar dala". Listening the cries, the first informant, Desh Raj Singh Master son of Sri Shri Ram and Amod Kumar son of Desh Raj Singh, came running on the door and saw that Ajai Kumar son of Raghuveer Singh was causing knife injury to his brother. All of them, saved Rajeev Kumar and apprehended Ajai Kumar and handed over to the police. In the meantime, Ajai Kumar threw the knife in the water tank situated in the premises of Cold Storage.