PRAMOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Accused-Appellant Pramod Kumar has preferred this jail appeal under Section 383 Cr.P.C. from Jail through Senior Superintendent Central Jail, Fatehgarh against judgment and order dated 08.08.2012 passed by Additional Sessions Judge / Special Judge (E.C. Act), Kanpur Nagar in Sessions Trial No. 1434 of 2007, Case Crime No. 504 of 2007, under Section 302 IPC and Sessions Trial No. 1433 of 2007, Case Crime No. 510 of 2007, under Section 4/25 Arms Act, Police Station Govind Nagar, District Kanpur Nagar. By impugned judgement, appellant has been convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life with fine of Rs. 20,000/- and in default of payment of fine, three months simple imprisonment and further he has been convicted and sentenced under Section 4/25 Arms Act to undergo one year rigorous imprisonment with fine of Rs. 5,000/- and in default of payment of fine one month simple imprisonment.

(2.) Factual matrix of case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) P.W.-3 Manoj Kumar submitted a written report Ex.Ka-1 in Police Station Govind Nagar, District Kanpur Nagar stating that there was a quarrel between his brothers Vinod Kumar (now deceased) and Promod Kumar (Accused) regarding eating items like sugar and rice. On 15.9.2007 at about 9:00 PM in the night, a dispute occurred between two brothers for sugar and tea and suddenly, accused-appellant Promod Kumar started beating victim Vinod Kumar. While quarreling, both came out of the house on the road. When Informant PW-3, with the help of neighbours tried to rescue him, accused-appellant Promod Kumar assaulted 3-4 knife blows to his brother Vinod Kumar and ran away. While taking the victim Vinod Kumar to hospital, he succumbed to injuries on the way. Written report Ex.Ka-1 further recites that dead body of Vinod Kumar is lying in front of the house.