LAXMAN Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal has been preferred by the appellant, Laxman from jail against judgement and order dated 22.10.2016 passed by Additional Sessions Judge, Court No.2, Meerut in Sessions Trial No. 237 of 2014, State Vs. Laxman whereby the appellant has been convicted under Section 302 and 504 I.P.C. and has been sentenced with life imprisonment and fine of Rs. 50,000/- and in default of fine, two years simple imprisonment under Section 302 I.P.C. and two years' R.I. with fine of Rs. 5,000/- and in default of payment of fine, six months simple imprisonment under Section 504 I.P.C. and it is further directed that both the sentences shall run concurrently.

(2.) In brief, the prosecution case is that informant, Om Veer, P.W.1 gave a written report, Exhibit Ka-1 at P.S. Kakarkheda, District Meerut stating therein that he and his brother, Laxman S/o Aasrey R/o Village Bawli Khas, P.S. Kakarkheda, District Meerut had 40 square yards land in partnership near his house in which informant used to keep his uphley and cow-dung etc. and at the time of occurrence, he had sown barsi on the said land. His brother, Laxman used to abuse him off and on and used to threaten him pertaining to the said land. On 26.10.2013, he along with his son, Brijesh @ Monu were sitting in their house, at about 4:30 p.m., in the meantime Laxman came there and started abusing him and asked him as to by whose permission, he had sown barsi on the said land and that he would be set right today. At this his son, Brijesh @ Monu uttered as to why he was abusing his father and thereafter, Laxman took out the pistol and made fire upon Brijesh @ Monu and getting hit by the same, Brijesh @ Monu fell down. After hearing the sound of fire, many residents of the mohalla reached there, seeing them, Laxman fled from there. As a result of the said injury, his son died and therefore report was lodged.

(3.) Upon receipt of the said written report, Case Crime No. 898 of 2013 was registered at the said P.S. under Sections 302 and 504 I.P.C. against accused Laxman.