DINESH Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal has been filed by accused-appellant Dinesh through Superintendent of Jail Shahjahanpur against judgement and order dated 16.07.2012 passed by Additional Sessions Judge (ECP) Court No. 26, Shahjahanpur in Sessions Trial No. 269 of 2003 (State v. Dinesh and Another) under Section 302/34 IPC, Police Station, Banda, District Shahjahanpur convicting accused-appellant and sentencing him to undergo life imprisonment and fine Rs. 10,000/-.

(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.) A written report Ex. Ka-1 dated 7.11.1998 was presented by PW-1, getting it scribed by one Srikant, in Police Station Banda, District Shahjahanpur, alleging that on 6.11.1998 at 5:00 p.m. his brother Munnu was taken by accused Dinesh from his house. Thereafter, he (victim) along with one unknown person went to Grocery shop of Om Prakash situated at Kandharpur for taking snacks (Namkeen) but due to lack of retail money, they went without taking the same. Victim did not come back to house throughout the night, when PW-1 along with his other family members was searching him. In the next morning, his dead body was found lying in Barha, near lane, in western side of village Kandharpur.