RAM SEWAK Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant Ram Sewak against the judgment of conviction and order of sentence dated 31. 1. 2007 passed by Additional Session Judge, Fast Track Court No. 1, Agra in Session Trial No. 47 of 2006 (State vs. Ram Sewak and another) arising out of Case Crime No. 336 of 2005, convicting and sentencing the appellant to undergo life imprisonment for the offence under Section 302 IPC.

(2.) As per the prosecution case, the first information report was lodged by the Rautan Singh @ Shaitan Singh son of late Rajpat on 6. 11. 2005 at about 20:25 hrs with regard to the incident dated 10/11. 10. 2005 with the averments that the first informant is engaged in making the idols at Alwar and when he came on the Diwali festival, his sister Kamlesh told him that on 11. 10. 2005 in the night, Ram Sewak (appellant) and co-accused Bhola Ram have committed the murder of his father by strangulating him with the rope and both of them have threatened to kill her in case, she tells anyone about the incident, therefore, she did not tell anybody about the incident due to fear. When the first informant reached home, she narrated the entire story.

(3.) The first information report was lodged on 6. 11. 2005 at 20:25 hrs against the appellant and the co-accused Bhola Ram under Section 302 IPC registered at Police Station Jagdishpura District Agra with regard to the incident, which have taken place on 10/11. 10. 2005.