ASHOK Vs. STATE

JUDGEMENT

(1.) This jail appeal under Section 383 Cr.P.C. has been filed by accused-appellant Ashok through Superintendent of District Jail, Ghaziabad against judgment and order dated 13.07.2011 passed by Sri Mohammad Ibrahim, Additional District and Sessions Judge, Court No. 05, Gautambudh Nagar in Session Trial No. 441 of 2010, (State versus Ashok), Crime No.450 of 2010, Police Station Kasna, District Gautam Budh Nagar, under Section 302 IPC. By the impugned judgment accused-appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment with a fine of Rs.5000/-. In the event of default in payment of fine, he has to undergo further six months imprisonment.

(2.) Prosecution case in short is that informant, PW-1, Indrajeet @ Pintu resident of Village Parwana, Police Station Khanpur, District Bulandsahar, was residing in Sirsa, Police Station Greater Noida, District Gautam Budh Nagar. His brother (victim) Raju Sharma was engaged in service at a hotel, Tikaram, Deepu and accussed-appellant Ashok also worked in Hotel. On fateful night 03.05.2010 at about 11:00 PM there was a quarrel between accussed Ashok and Raju (victim) over making more breads. After a while, when victim Raju sat on the cot, Ashok inflicted a blow with danda, on his head, due to which Informant's brother died. On receiving information in the morning of 4th May, 2010, Informant went to the place of occurrence and found his brother dead on cot. PW-1 got a written report Ex.Ka-1 scribed by one Munna Bhai, PW-4, and presented the same to the Officer In-charge, Police Station Kasna, District Gautam Budh Nagar.

(3.) On the basis of written report Ex.Ka-1, chick First Information Report (hereinafter referred to as "FIR") Ex.Ka-10 was registered at case Crime No.450 of 2010, under Section 302 IPC by Constable Clerk PW-7 Jeet Singh who made an entry of case in the General Diary (hereinafter referred to as "GD"), copy whereof is Ex.Ka-11.