DAYA SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal by the appellant Daya Shankar is to the judgment of his conviction under Section 302, I.P.C. and implanted sentence of life imprisonment with fine of Rs. 10,000 and in default of payment of fine to undergo 6 months further simple imprisonment, dated 5.6.2006, imposed by Addl. Sessions Judge/Special Judge (E. C. Act) Jaunpur in S.T. No. 252 of 1995, State v. Daya Shankar and others. By the same judgment trial court has acquitted three other accused namely Lal Man, Ram Niranjan and Moti Lal.

(2.) ENCAPSULATED prosecution allegations as are decipherable from written report Ext. Ka-1 and disclosed during trial by the informant Tilakdhari, P.W. 1 are that Tilakdhari (informant)/Dharmraj (deceased) and Jagdish, P.W. 2 are the sons of Bhagirathi, a resident of village Katka, P.S. Sarpataha district Jaunpur. Dharmraj being eldest of the three looked after the family affairs, litigation and was the sole earning member of the family. Jangali a resident of the same village had three sons Nirmal, Moti and Ram Niranjan. Ram Niranjan has also three sons namely Daya Shankar, Lal Mani and Rajendra. Out of this pedigree Moti, Ram Niranjan and Lalman since acquitted were accused in the incident in question alongwith present appellant. Ram Niranjan was litigating with the informant since prior to the murder of the deceased regarding agriculture land dispute and because of the said reason accused nurtured animosity with the deceased as he used to look after the litigation and was the sole earning member of the informant's family.

(3.) HEAD Constable Surya Prakash Pathak, prepared the chik F.I.R., Ext. Ka-3 and the G.D. entry, Ext. Ka-4. S.O. Indrajit Singh was not present at the time of registration of F.I.R. and therefore, through Constable Indrajit Singh, he was informed about the crime. Investigating Officer conducted the inquest, made site plan, recorded the statements of witnesses under Section 161, Cr. P.C. and finding a prima facie case against all the accused charge-sheeted them vide Ext. Ka-14. P.W. 6 Devdhar Diwedi, had proved various documents prepared by Investigating Officer during the course of investigation as the Investigating Officer since dead could not be examined in the trial.