KALLUWA Vs. STATE

JUDGEMENT

(1.) This jail appeal under section 383 Code of Criminal Procedure, 1973 (Cr.P.C) has been preferred by accused-appellant Kalluwa (hereinafter referred as appellant) through Superintendent of Sub-Jail, Mahoba against the judgment and order dated 16.1.2009 passed by Additional Sessions Judge, Court No.2, Mahoba, in S.T. No.116 of 2007 ( State vs. Kalluwa), whereby appellant has been convicted under section 302 I.P.C and sentenced for imprisonment for life and also with a fine of Rs.10,000/-

(2.) Brief facts, as stated in First Information Report (hereinafter referred to as F.I.R) as well as in material available on record of the prosecution case, are, that on 12.6.2007 at about 3.40 a.m., P.W-1 Annu alias Daya Shanker, resident of Mohalla Jayandra Nagar Charkhari, police station (P.S) Charkhari, District Mahoba, submitted a written report (Ex.ka-1) at P.S. Charkhari, District Maboba alleging therein, that in the intervening night of 12.6.2007 he and his wife Smt. Vimla (P.W-2) were sleeping inside his house and his mother Smt. Brijrani (deceased) was sleeping on the cot, on platform (Chabutara), situated out side his house. At about 3.00 a.m, upon hearing cry of his mother, he and his wife came out from his house and saw that an unknown person was running away, after causing serious injury on the head of his mother by a sharp edged weapon. He and his wife ( P.W-2) saw and identified him in the light of tube light and also can identify him. When he came towards his mother, he saw that his mother had died. Her dead body was lying at the place of occurrence.

(3.) On receipt of F.I.R (Ext.Ka-1), P.W-5 Cons. Jairam Prajapati registered the case and prepared chick report (Ext.ka-3), on 12.6.2007 at 3.40 a.m, as case crime No.1012 of 2007, under Section 302 I.P.C against unknown person and also made relevant entry of the said information in general diary (Ext.ka-4). Investigation was undertaken by P.W-6, S.I. Gopal Krishna Gupta (I.O), who was posted as officer in-charge P.S. Charkhari, District Mahoba. He immediately rushed to the place of occurrence and recorded statement of P.W-1 Annu alias Dayashankar, inspected the place of occurrence and prepared site plan of the occurrence (Ext.ka-5). He prepared inquest report (Ext.ka-6) and necessary police papers i.e chalan nash, request letter to C.M.S, letter to R.I, photo nash (Ex.ka-7 to Ext.ka-10) and thereafter sealed the dead body of the deceased, and sent it to the District Hospital, Mahoba for postmortem.