MAHESH LODHI Vs. STATE OF U P

JUDGEMENT

(1.) Against judgment and order dated 26.8.2010 passed by Additional Sessions Judge / Special Judge (Dacoity Affected Area), Hamirpur in Sessions Trial No.367 of 2008, Crime No.802 of 2008, under Sections 304 and 504 IPC, Police Station Muskara, District Hamirpur, accused-appellant has preferred present jail appeal from Jail through Superintendent District Jail, Varanasi. By impugned judgement, appellant has been convicted under Section 304(1) I.P.C. and sentenced to undergo imprisonment for life with fine of Rs. 10,000/- and in default of payment of fine, six month additional imprisonment.

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

(3.) Pw-1 Shankar Dayal submitted a written report Ex.Ka-1 in Police Station Muskara, District Hamirpur stating that his brother Kamla Joshi was running a shop of puncture repairing in the village. On 26.9.2008 at about 3:00 PM, when his brother Kamla Joshi and his son Rajesh Joshi son of Kamla Joshi were present in the shop, accused Mahesh Lodhi came drunk. When his brother asked Mahesh Lodhi (accused) to leave shop, he started abusing him. His brother Kamla Joshi objected him for abusing, then he picked up iron road (Sabbal) lying there and attacked Kamla Joshi on his head; due to which he sustained serious injuries on his head. On hearing shrieks of his brother Kamla Joshi, he (PW-1) and many persons reached there and saw incident and saved victim. Mahesh Lodhi fled away from spot. Victim Kamla Joshi was taken to hospital in Muskara for treatment after making arrangement.