OM PRAKASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Ms. Kanchan Chaudhary, the learned amicus curiae for the accused-appellant Om Prakash Yadav, Shri A.N. Mulla assisted by Shri J.K. Upadhyay and Shri Nikhil Chaturvedi, learned A.G.As. for the State and perused the record.

(2.) The instant jail appeal has been preferred by accused Om Prakash Yadav challenging the sustainability and validity of the judgment and order of conviction dated 21.02013 passed by the Additional Sessions Judge/ Special Judge (Prevention of Corruption Act), in Sessions Trial No.1278 of 2011 State Vs. Om Prakash Yadav arising out of Case Crime No.1298 of 2011 under Sections 302, 506 IPC, Police Station Nawabganj, District Bareilly, whereby the appellant has been sentenced to imprisonment for life coupled with fine Rs. 20,000, with default stipulation to suffer additional one year imprisonment on the first count and one year simple imprisonment coupled with fine Rs. 1000/- with default stipulation to suffer additional 15 days imprisonment, on second count. Both the sentences have been directed to run concurrently.

(3.) Relevant facts of this case as available on record appear to be that the informant Rai Singh Yadav lodged the first information report with the Police Station Nawabganj, District Bareilly, at Case Crime No.1298 of 2011 under Sections 302, 506 I.P.C. on 14.09.2011 at 6:30 a.m. regarding the incident of murder caused by his real father-appellant Om Prakash Yadav son of Chetram at his home in the night of 14.09.2011 at 2:00 a.m., with the specific allegation that the appellant killed the informant's mother Nanni Devi by causing blow with Banka on her neck.