AMAR NATH KEWAT Vs. STATE OF U P

JUDGEMENT

(1.) Accused-Appellant stood for trial in Sessions Trial No. 47 of 2007 (State v. Amar Nath Kewat, Case Crime No. 387 of 2006), under Sections 304 and 504 IPC, Police Station Mehdawal, District Santkabir Nagar, pending in the Court of Additional District and Sessions Judge, FTC, / Special Judge, Court No.3, Basti and came to be convicted by said Court, vide judgment and order dated 18.08.2010, sentencing him under Section 304 IPC to undergo ten years' imprisonment and fine of Rs. 1000/-. In default of payment of fine, he shall further undergo six months' additional imprisonment but acquitted under Section 504 IPC. Appellant has sought interference of this Court by filing this Jail Appeal from Jail through Jail Superintendent concerned.

(2.) Prosecution story, in brief, as come out from First Information Report (hereinafter referred to as 'FIR') and factual matrix of the case is that PW-1, Jang Bahadur (brother of deceased-Murali Kewat), submitted a written report, Ex. Ka-1, in the Police Station Mehdawal, District Santkabir Nagar, on 08.08.2006 stating that Murali Kewat withdrew certain money from post office Mehdawal. Out of said amount, he purchased a new bicycle for his son Amar Nath Kewat-accused. Accused-appellant was asking his father to handover balance amount which remained after purchase of the bicycle. Since the victim(deceased) was not giving the remaining money to accused-appellant, latter got annoyed and at about 10:00 pm hurling abuses, started assaulting his father Murali Kewat with Lathi. On alarm being raised, some persons reached there and Amar Nath Kewat stopped beating his father and fled away. Villagers wanted to take Informant's brother Murali Kewat to hospital for treatment but after some time he succumbed to his injuries. Dead body was lying in the house.

(3.) On the basis of written report Ex.Ka-1, chick FIR, Ex.Ka-13 was registered by PW-10, Constable Harishankar Rai of Police Station concerned, as Case Crime No. 387 of 2006, under Sections 304 and 504 IPC against accused-appellant. Entry of case was made in General Diary. Copy whereof is Ex. Ka-9.