SOMPAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal under Section 383 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), has been filed by convict-appellant Sompal, through District Legal Services Authority by Senior Superintendent of Jail, Pilibhit, against judgment of conviction and sentence dated 24.12.2012 passed by Court of Additional Sessions Judge, Court No.2, Pilibhit in Sessions Trial No.332 of 2011 under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") in Case Crime No.412 of 2011, P.S.Barkhera, District-Pilibhit whereby appellant Sompal has been convicted for offences under Section 302 IPC and has been sentenced with life imprisonment, alongwith fine of Rs.20,000/- for aforesaid offence and in case of default of payment of fine, he has been directed to undergo further rigorous imprisonment of six months.

(2.) The prosecution case, in brief, is that deceased Ram Prasad and accused-appellant Sompal are real brother whereas Akash Singh (PW-3) is son of deceased Ram Prasad. Jhhamman Lal (PW-1) is their neighbour. All of them are residents of village-Jyoraha Kalyanpur, P.S.Barkhera, District-Pilibhit. On 18.03.2011 at about 1.15 P.M., deceased Ram Prasad and his brother appellant Sompal were present at their house. PW-3 Akash, aged about 7 years and his sister Kumari Neetu aged about 14 years were also present there. It was the day of Holi festival. Deceased Ram Prasad asked appellant Sompal to clean the house by applying cow dung. As such, a dispute arose between them and aggrieved by said command of his brother, accused-appellant Sompal gave several blows of Gandasa (sharp edged cutting weapon) on vital part of Ram Prasad's body including his neck and caused his death. Akash (PW-3) and his sister went crying to Jhhamman Lal (PW-1) and narrated the occurrence and also said that appellant Sompal is present at the spot with Gandasa (weapon used in offence). On said information, Jhhamman Lal rushed to place of occurrence and found that Sompal was present there with Gandasa and many villagers have also gathered there. Jhhamman Lal (PW-1), Akash (PW-3) and his sister Kumari Neetu went to P.S.Barkhera and gave written information, Exhibit Ka 1 of incident written at his dictation by one Tomar Master Saheb (Teacher) at 13.50 P.M., whereupon First Information Report (hereinafter referred to as "FIR") was lodged, Chik Report (Exhibit Ka 3) was prepared and information was entered in General Diary report (Exhibit Ka 4) by Constable Clerk Rampal Singh (PW-4) and Case Crime No.412 of 2011 under Section 302 IPC against appellant Sompal was registered.

(3.) After registration of FIR, investigation of case was enstrusted to S.I. Ram Awadh Singh (PW-6), who swung into action, obtained necessary documents i.e. Chik Report, copies of entries in G.D. and proceeded to place of occurrence. He recorded statement of Jhhamman Lal (PW-1) and inspected the place of occurrence at the instance of PW-1 and prepared Site plan (Exhibit Ka 15) and also recorded statements of Akash (PW-3) and his sister Kumari Neetu. S. I. Rajesh Kumar Saxena (PW-5) in supervision of PW-6 Ram Awadh Singh (Investigating Officer) prepared inquest report of corpse of deceased Ram Prasad and other relevant papers. After carrying out necessary formalities, corpse of deceased Ram Prasad was sent to mortuary for autopsy along with letter issued to Chief Medical Officer, Pilibhit escorted by Constables Sudhir Singh and Rajendra Pal.