RAJESH Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal under section 383 Cr.P.C. has been filed by accused-appellant, Rajesh through Senior Superintendent of Police, Meerut against judgement and order dated 31.05.2013 passed by Sri Ajay Kumar, Additional District and Sessions Judge, Court No. 16, Meerut. By the impugned judgement, Rajesh has been convicted under Section 302 I.P.C. and sentenced to life imprisonment along with fine of Rs. 10,000/-. In case of default in payment of fine, he has to further undergo one year additional imprisonment.

(2.) The prosecution case in short may be stated as under:-

(3.) On 28.01.2002, a written report (Exhibit Ka-1) was presented by Informant PW-1, Laxmi, at Police Station Nauchandi, District- Meerut, stating that she along with her husband, Dinesh were residing in Sector-4, Shastri Nagar, Meerut, in a rented house of Sharda Sharma. Informant's husband used to pull rickshaw. Smt. Manglo i.e. Dayawati, Bua of Informant's husband resided in House No.114, Sector-3, Shastri Nagar, Meerut. She was ailing. Informant had gone to see her in Sector-3, Shastri Nagar. In the night at about 10:15 PM, her husband Dinesh went to Sector-3 to take her (Informant) back to home. When they reached near Water Tank (Pani ki tanki) situated in Sector-3, accused Rajesh, brother in distant relation, who was hidden in bushes near the corner house situated on road leading to Sector-4, suddenly came out and inflicted knife blow on the neck of Informant's husband by a knife held in his hand. Resultantly, Dinesh fell on the ground. Rajesh again assaulted him with knife. Rajesh had murdered Informant's husband by knife. When she raised alarm, accused threatened and chased her. She ran and reached back to house of her husband's Bua and apprised her of incident. F.I.R. further says that Rajesh and his elder brother, Natthi used to reside with Informant about 9-10 months prior to lodging of F.I.R. Rajesh and Natthi after consuming liquor used to quarrel with Informant's husband. For that reason, Informant's husband evicted both of them from his house. Since then, Rajesh bore enmity and while leaving the house, he also held threat to Informant's husband Dinesh that he would settle the score. Rajesh committed murder of informant's husband in her presence. She had seen and recognised Rajesh very well in the electric light. F.I.R. further states that her husband's dead body was lying at the spot.