INDRABHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Accused-Appellant-Indrabhan faced trial in Sessions Trial No. 14 of 2010 (State v. Indrabhan, Case Crime No. 597 of 2009) under Sections 308 and 304 IPC, Police Station Saini, District Kaushambi, which came to be heard and decided by Additional Sessions Judge, Court No.4, Kaushambi, vide its judgment and order dated 14.04.2011 convicting accused-appellant under Sections 304 and 308 IPC and sentencing him to undergo life imprisonment under Section 304 IPC and 7 years R.I. and fine of Rs. 5000/- under Section 308 IPC. Accused-appellant has sought interference of this Court by filing present Jail Appeal from Jail through Jail Superintendent concerned.

(2.) Factual matrix of the case as come out from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as under:

(3.) Pw-1, Ram Bharose, presented a written report, Ex.Ka-,1 in the Police Station, Saini, District Kaushambi stating therein that his younger son Indrabhan did not have any business and is habitual of liquor and gambling, used to demand money from his mother Ramrati deceased. On fateful day i.e. 15.9.2009, victim Ramrati and daughter-in-law Ketki, PW-2, were in the old house. Accused came there and demanded money from his mother, whereupon victim and PW-2 objected. Thereupon accused with intention to kill, assaulted victim Ramrati and PW-2. Ramrati succumbed to injury on spot and PW-2 Ketki received injuries on her head. On hearing the alarm raised by PW-2, Surendra Pratap and Chunnu Maurya, rushed to spot but accused ran away from spot.