RAM NARESH Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Trivedi, J. The present criminal appeal is directed against the judgment and order dated 20-12-95 passed by Vth Addl. Sessions Judge, Lakhimpur Kheri convicting appellant Ram Naresh under Section 302, IPC and sentencing him for imprisonment for life.

(2.) IT is an admitted fact that deceased Anup Ram was the real brother of appel lant Ram Naresh. A report was lodged by Smt, Ram Beti wife of Anup Ram (deceased ). The appellant as well as PW-1 Ved Prakash, and PW-2 Har Dayal are real brothers of deceased Anup Ram. IT is said that all the brothers of deceased Anup Ram used to live in viilage-Kashipur, PS. Pasgawan, District Lakhimpur Kheri. Ac cording to the prosecution case on 28-6-93 at about 6 a. m. Anup Ram was cutting 'patawar' and his wife was collecting the said 'patawar'. Appellant Ram Naresh came out behind the 'patawar1 armed with spade and caused spade blow on the head of Anup Ram (deceased ). Anup Ram (deceased) then fell down receiving the injuries and became unconscious. Smt. Ram Beti then raised an alarm and on hearing the alarm, several persons includ ing the brothers of the deceased who were working in nearby field, reached there and caught hold of accused Ram Naresh with the help of the two constables. IT is said that the two constables also reached there and they also caught hold of accused Ram Nareshjust after the incident alongwith spade. Thereafter, Smt. Ram Beti went to the police station Pasgawan and lodged a report (Ext. Ka-5) on the same day i. e. , 28-6-93 at about 9. 15 p. m. The distance of the police station from the place of the incident is about 4-1/2 Kms. Accused Ram Naresh was also handed over alongwith the said 'spade' to the police at the time of lodging of the FIR Pw-4 Amrit Lal, con stable registered the case at the police-sta tion. A memo Ext. Ka-4 was also prepared in respect of the blood stained spade. Thereafter, the case was investigated and finally a charge-sheet was submitted by the police against accused Ram Naresh.

(3.) ON the other hand the accused denied the prosecution case and stated that he has been implicated in this case due to enmity. The learned Vth Addl. Sessions Judge, Lakhimpur Kheri after scrutinizing the evidence on the record, came to the conclusion that the prosecution has suc cessfully proved the guilt of the accused-appellant beyond reasonable doubt and therefore, he convicted and sentenced the accused-appellants mentioned above.