(1.) Accused-Appellant faced trial in Session Trial No.922 of 2003 (State of U.P. Vs. Nageshwar, Crime No. 281 of 2002) under Sections 336, 304 IPC, Police Station Feelkhana, District Kanpur Nagar and came to be convicted by Court vide its judgement and order dated 01.02.2005, sentencing him under Section 304 (I) I.P.C. to undergo for rigorous life imprisonment and fine of Rs. 5000/-.
(2.) Being aggrieved with the order of conviction and sentence, accused-appellant has sought intervention of this Court by filing present criminal appeal from Jail through Superintendent of Jail concerned.
(3.) Brief facts giving rise to the present appeal as emerging from F.I.R. and evidence placed by prosecution on record are that PW-3 Abdul Khalik presented a written tehrir Ex.Ka-1 on 9.10.2002 in the Police Station Feelkhana, District Kanpur Nagar stating therein that in the intervening night of 8/9.10.2002 at about 3:00 a.m. When he was sitting on his rickshaw to relax for some time in the field of Phoolbagh, Kanpur Nagar, accused wearing only pant, came there with brick in his hand and started assaulting on head and face of Rickshaw Puller and other labourers sleeping on Chabutara beneath Peepal tree, suddenly. On alarm raised by PW-3 and other people present there, police reached there. Accused was caught with brick by people with the help of police. On being interrogated, accused disclosed his identity as Nageshwar son of Vijay Kumar resident of Shahnagar, Police Station Ramgarh Chowk, District Lakheesrai Bihar, who was taken to police station. One rickshaw puller Ram Kumar Darji and two other injured persons were taken to hospital for medical treatment by police with the help of people. All the three injured succumbed to injuries and S.I. Saligram Verma held inquest over the dead body of all three deceased and prepared their panchayatnama.