RAMESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Ms. Seema Pandey, learned amicus curiae and Sri J.P. Tripathi, learned A.G.A. for the State and perused the record.

(2.) This Jail Appeal has been preferred by the appellant-Ramesh, against the judgment and order dated 6.3.2018 passed by Additional Sessions Judge/F.T.C., Court No. -I, Chandauli in S.S.T. No. 155 of 2015 (State Vs. Ramesh) arising out of Case Crime No. 17 of 2015, P.S. Alinagar, District Chandauli whereby accused appellant has been sentenced under Section 302 IPC with life imprisonment and fine of Rs. 20,000/- and in default of payment of fine, six months additional imprisonment.

(3.) In brief the facts of the case are that informant Rajendra Prasad (PW-1) had lodged an F.I.R. at P.S. Alinagar, District Chandauli on 22.1.2015 at about 12:40 hours stating therein that on 22.1.2015 at about 11:10 am, his younger brother Ram Vilas was going to the house of Viki Yadav, husband of the village Pradhan for getting an Adhar Card issued, right then Ramesh S/o Shiv Kumar, R/o Revsa having a danda of bamboo in his hand assaulted his younger brother Ram Vilas many times in front of his house. Behind his younger brother, Ram Vilas, his son Satvant Kumar and a neighbour Raj Narain were also going to the same place for getting their residential certificate issued, who tried to rescue him and caught hold of Ramesh (accused). After getting information, informant also reached there and saw that his brother had succumbed to his injuries. They had apprehended the accused Ramesh and had brought him to the P.S. and the dead body of his brother was lying at the spot under supervision of his family members. On the above written report (Ext. Ka-1), Constable Mohrrir Chandrabhan Singh (PW-6), registered Crime No. 17 of 2015, u/s 302 IPC against the accused Ramesh and prepared its Chick F.I.R. Ext. Ka-6 and made entry of this case in G.D. at report no. 21, time 12:40 hours on the same day i.e. on 22.1.2015, which is Ext. Ka-7. As per PW-6, the informant had come on his own at about 11:00 am with a written report but subsequently stated that he does not recollect the exact time when he came and immediately, thereafter, his report had been lodged by him in his hand writing.