SUGREEV KUSHWAHA Vs. STATE

JUDGEMENT

(1.) This jail appeal under Sec. 383 Crimial P.C. has been preferred by accused-appellant Sugreev Kushwaha through Superintendent of Jail, Varanasi against the judgment and order dated 20.4.2006 passed by Sri Ganga Ram, Additional Sessions Judge/FTC-3, District Deoria whereby the accused-appellant has been convicted under Sec. 302 I.P.C for imprisonment of life and also a fine of Rs. 10,000.00. In default of payment of fine, accused-appellant has further been directed to undergo further four months additional rigorous imprisonment. Accused-appellant has been acquitted of the charge under Sec. 307 I.P.C.

(2.) Briefly stated the facts surfacing from the First Information Report (hereinafter referred as 'FIR'), as well as material available on record are as follows:-

(3.) On 8.11.2003, PW-1 informant Ram Narayan Kushwaha submitted written report (Ex. Ka. 1), at P.s. Kotwali, District Deoria, alleging that he is resident of village Deoria Meer, P.S. Kotwali, District Deoria. In the night intervening 7/8.11.2003 at about 1:30 AM, informant heard shrieks of his younger brother Shyam Narayan Kushwaha who was sleeping by the side of the books shop in tin-shed near well. On hearing noise of his brother, he rushed to the spot raising alarm. By that time informant's younger brothers Gautam Muni, Narad Muni and neighbours P.W.2 Ram Nivas Kushwaha, Ram Dhyan Kushwaha and P.W. 3 Rama Pati Kushwaha reached at the spot and all of them saw the accused-appellant (father of the informant) assaulting informant's younger brother Shyam Narayan Kushwaha by spade on his head. When the informant went forth, snatched the spade and tried to prevent the accused, the latter began to assault him also by the daab kept by the side, as a result whereof, the informant also sustained injuries on his hands, shoulders and head. Thereafter, the persons assembled at the spot caught hold of informant's father, accused-appellant Sugreev Kushwaha. Due to assault caused to informant's brother Shyam Narayan Kushwaha, he was writhing and bleeding. Informant and other villagers kept the injured Shyam Narayan Kushwaha on a cot and proceeded for Government hospital. They also took along with them accused-appellant. On reaching Government Hospital, Shyam Narayan Kushwaha breathed his last. Leaving the dead body of deceased in the hospital, Informant along with villagers and accused-appellant went to the police station-Kotwali. F.I.R. further states that accused-appellant had murdered his son Shyam Narayan Kushwaha over a trifling issue of squandering money and in respect thereof, some altercation had earlier taken place between deceased and accused-appellant. Accused also used to say that Shyam Narayan Kushwaha was unnecessarily spending money. On intervention of Informant and other family members the matter had earlier subsided. All of sudden on the fateful night, accused-appellant murdered informant's brother Shyam Narayan Kushwaha by spade. It was prayed in the F.I.R. that appropriate legal action be taken against the accused-appellant after registering the case.