INDRA PAL SINGH Vs. STATE

JUDGEMENT

(1.) This jail appeal has been preferred by appellant Indra Pal Singh against the judgment and order dated 15.06.2005 passed by Additional Sessions Judge, Court No.4, Kanpur Dehat in Sessions Trial No.126 of 2003 (case crime no. 294 of 2002), State Versus Indra Pal Singh whereby appellant was convicted and sentenced for offence under section 302 IPC to imprisonment for life and a fine of Rs.5000/-. In default of payment of fine, one month additional imprisonment was awarded against the appellant.

(2.) Vide impugned judgment and order, appellant was acquitted in Sessions Trial No.127 of 2003 under section 25 Arms Act, but no appeal was filed by the State. Thus, details of facts and evidence of Sessions Trial No. 127 of 2003 are not incorporated in this appeal.

(3.) The prosecution story in brief is that informant Maya Devi (P.W.1) moved a written report (Ex.Ka.1) at Police Station concerned on 02.12.2002 mentioning therein that her husband Lalla Singh, who retired from the post of police constable in the year 1999 was living with family in village. Last night, deceased Lalla Singh, husband of the informant was sleeping after taking meal on his cot in outer veranda of the house. Informant and her sons Raju and Kaju and their wives were also sleeping inside the house in their rooms. Neelam, daughter of the informant was also sleeping with her who had to go to her in-laws' house in the morning. Due to that reason informant woke up in the morning at 4:00 A.M. When she tried to wake her husband, he did not wake. Then she called her sons and daughter-in-laws, who also tried to wake him. When the deceased did not wake, informant, her sons and daughter-in-laws saw firearm injury on the back of the deceased in the light of lantern. Blood was lying on the cot. Deceased died due to firearm injury. Expressing suspicion that deceased was done to death in the night, she came to police station concerned to lodge the F.I.R. leaving the dead body at the place of occurrence.