RAKESH Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. Accused-appellant Rakesh, who was convicted under Section 302, I. P. C. by judgment and order dated 23-2-1995 passed by Sri Onkareshwar Bhatt, the then Sessions Judge, Banda and was sentenced to undergo imprisonment for life, has come up in appeal before this Court.

(2.) THE prosecution claimed that on 23-11-1993 at about 12 noon, the deceased Bitti was going towards her fields situate in village Dhumra P. S. Fatehganj District Banda. She was carrying in Daliya contain ing seeds of wheat into the same and seeds of mustard in another Daliya. She was wearing a Dupatta of red colour. When she reached near the field of Ram Khilawan, accused-appellant Rakesh caught hold of her heirs and dragged her inside the field. Smt. Ganeshiya RW. 4 and her brother Hari Shankar were attracted to the scene of occurrence, where they saw the accused dragging the deceased inside the field. THE prosecution maintained that the accused-appellant gave sickle blows on the neck of the deceased and killed her. Raj Kumar RW. 1 who was cousin of the deceased prepared a written report Ex. Ka-1 and lodged the same at the police station Fatehganj at about 4. 30 p. m. the police station lay at a distance of about 14 Kms from the place of occurrence.

(3.) AFTER committal of the case to the Court of Sessions, the learned trial Judge framed a charge under Section 302,i. P. C. against the accused-appellant to which he pleaded 'not guilty' and claimed trial. He pleaded that one Shyam Sunder was responsible for committing dacoity at his house. He pleaded that Shyam Sundar was related to Nawal and maintained that he has been falsely implicated into this case, because of the said enmity. The accused-appellant did not adduce any evidence in defence.