CHANDRA BHAN Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgment and order dated 15. 02. 1989 passed by 3rd Additional Sessions Judge, Aligarh in Session Trial No. 925 of 1987, State Vs. Chandra Bhan and another, by which, the appellant has been convicted under Sections 302/34 IPC and awarded the sentence of life imprisonment and further convicted under Section 411 IPC and awarded sentence of two years' R. I. Both the sentences to run concurrently.

(2.) The prosecution case in nutshell is that one Dharmendra Kumar has lodged a written report alleging therein that in the village Dhanipur, he is getting a house constructed near Deepak Enterprises. His mother Smt. Shanti Devi used to stay in the said house, where construction is still in progress.

(3.) It is further alleged that about four days back, Chandra Bhan S/o Gangadhar, brother of his aunt Smt. Shakuntala had come at the aforesaid under construction house and sometime in the night between 16-17th October, 1987, he has killed his mother by tightening a rope round her neck and had taken away his goat and a sum of Rs. 150/-.