RAM NATH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Girraj Singh, Advocate holding brief of Ms. Zia Naz Zaidi, learned counsel for the appellant and Ms. Manju Thakur, learned AGA for the State.

(2.) The appeal has been filed by Ram Nath son of Chhaviram Thakur against the judgment and order dated 28.10.2014 passed by Additional Sessions Judge, Court No.2, District Firozabad, in Sessions Trial No.125 of 2013 convicting the appellant for an offence under Section 302 IPC and sentencing him to life imprisonment and a fine of Rs.10,000/-.

(3.) The prosecution case, before the trial Court, was that one Bihari Lal lodged a first information report with Police Station Nagla Sindhi, District Firozabad alleging that he was the resident of village Niyamatpur, Police Station Nagla Sindhi. On 17.5.2013 his father Viddya Ram son of Jyoti Ram had gone to village Nauni and his cousin brother Rahul son of Kundan Singh and Ela alias Dinesh were at home. At about 3.00 in the morning loud cries were heard. On hearing the cries his cousin brother Rahul and uncle Kanta Prasad reached the house of Ram Nath Dhakrey and saw Ram Nath and Ayodhya Prasad, both sons of Chhaviram coming out of the house of Ram Nath Dhakhrey shouting that they had killed Sundari and Ela alias Dinesh as the love relationship in between them was not acceptable to them. He and his brother went inside Ram Nath's house and saw that his brother Ela's body was lying near the door and the body of the girl Sundari lay in the Courtyard. It was further stated that after seeing the incident, on account of fear they returned home and on the next date they gathered the courage to report the offence to the Police Station.