SATYANARAIN @ BABLOO Vs. STATE OF U P

JUDGEMENT

(1.) Present Jail Appeal is directed by accused-appeallant-Satya Narain @ Babloo through Superintendent of Jail, against the judgment and order dated 07.06.2013 passed by Additional Session Judge / Special Judge S.C./S.T., Act, Kannauj in Session Trial No.195 of 2010 (State versus Satya Narain @ Babloo), under Section 302 IPC, Police Station Tirwa, District Kannauj, whereby Trial Court has convicted accused Satya Narain @ Babloo and sentenced him to life imprisonment and a fine of Rs.15,000/-. In default of payment of fine, he shall undergo further simple imprisonment for five months.

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

(3.) A written report Ex.Ka-1 dated 31.01.2010 was presented in Police Station Tirwa, District Kannauj by Informant PW-1 Smt. Jagrani, alleging that on 31.01.2010 at about 07:00 PM she was cooking food when her son Daya Narain came there and sat for dinner, then her elder son Satya Narain @ Babloo (accused) came and told her to make tea. In between there was a verbal altercation between two. Daya Narain victim, who was in drunken position, got up and fell down on the bricks in court yard. Suddenly accused Satya Narain @ Babloo assaulted victim Daya Narain with bricks due to which he became unconscious and after some time he succumbed to injury.