KALLU @ YOGENDRA @ ANSHU Vs. STATE OF U P

JUDGEMENT

(1.) Present jail appeal has been filed against the judgment and order dated 08.08.2016 passed by Sri Jai Mangal Sharma, Sessions Judge, Kannauj in Session Trial No.190 of 2012 (State of U.P. Vs. Kallu @ Yogendra @ Anshu) under Sections 302 and 201 IPC, Police Station Tirwa, District Kannauj whereby Trial Court has convicted the accused Kallu @ Yogendra @ Anshu and sentenced him to rigorous imprisonment for life with a fine of Rs.10,000/- under Section 302 IPC and in default of payment of fine, further imprisonment of one year and rigorous imprisonment for three years with a fine of Rs.3000/- under Section 201 I.P.C. and in default of payment of fine, further imprisonment of six months. All sentences shall run concurrently.

(2.) Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) The brief facts of prosecution story is that on 12.2.2012, at about 6:00 p.m., Brij Lal, aged about 55 years, younger brother of Informant Desh Raj, had gone to natural call (Latrine) saying to his wife - Shanti Devi PW-1 to cook food (Roti of Makka and potato vegetable) but did not return back to his house till late night. Then Informant along with villagers went in search of his brother. Next day i.e. on 13.2.2013, dead body of Brij Lal was found lying in back side of house of one Rajendra, situated in village Saraiya, head was missing from the dead body and there were many knife injuries on the body of deceased. It was suspected by Informant that his brother was assassinated by some one.