INAYATULLAH Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal under Section 383 Cr.P.C. has been filed by accused-appellant Inayatullah through Senior Superintendent of Jail, Gorakhpur against judgment and order dated 08.01.2015 passed by Sri P.K. Srivastava, Additional Sessions Judge, Court No. 03, Gorakhpur in Session Trial No. 178 of 2012, under Section 302 IPC. By the impugned judgment accused-appellant has been convicted under Section 302 IPC and sentenced him with Rigorous Imprisonment (hereinafter referred to as 'RI') for life imprisonment and fine of Rs. 10,000/-. In the event of default in payment of fine, he has to undergo further two year's Simple Imprisonment.

(2.) The facts emanating from First Information Report (hereinafter referred to as "FIR") and the material available on record may briefly be stated as under for adjudication of this appeal:-

(3.) A written report Ex.Ka-1 was presented before Station Officer of Police Station Gorakhnath, District Gorakhpur by Informant PW-1 Ranjeet stating that he is resident of Village Manbela (Bangla), Post Office Jhungiya Bazar, Police Station Chiluatal, District Gorakhpur. He had a fruits shop near Fertilizer Gate, Jhungiya, and adjacent to it there was fruit shop of accused-appellant Inayatullah also. Father of Informant Shri Lal Ji Nishad used to sit on the Fruit shop. Few days earlier, an altercation had taken place between father of Informant and accused-appellant Inayatullah @ Bhonu for the reason that sale in the shop of the informant was much more, on account of which, accused-appellant bore jealousy with his father, which often resulted in altercation. Accused-appellant used to threaten Informant's father to settle the score. On 03.10.2011, in the morning, when Informant's father along-with informant was going to Fal-mandi (fruit market), Gorakhpur for purchase of fruits and they hardly reached Kaurihawa by tempo at about 08:30 A.M., accused-appellant Inayatullah @ Bhonu met and stopped tempo. After stopping the tempo, he called Informant's father for conversation. Informant's father alighted from tempo and went to him, and indulged in conversation. All of sudden accused-appellant took out a knife and started stabbing his father. As a result thereof he fell down. Thereafter, Informant got down from tempo, ran towards his father but by that time, accused-appellant had fled away from the place of occurrence along-with knife. Informant sent message of the incident at his home. In the meantime, police reached the place of occurrence and with their help, Informant took his father to District Hospital, where he breathed his last. Dead body of deceased was lying in the hospital.