CHHABILAL Vs. STATE

JUDGEMENT

(1.) This Jail Appeal under Section 383 Cr.P.C. through Senior Superintendent of Jail, Agra has been filed by accused-appellant, Chhabilal against judgement and order dated 23.03.2009 passed by Sri Pradeep Singh, Additional Sessions Judge, Fast Track Court No. 2, Agra in Sessions Trial No. 666 of 2004 relating to Case Crime No. 415 of 2004, P.S. New Agra, District Agra, convicting accused-appellant under Section 302 IPC and sentencing him to undergo life imprisonment with a fine of Rs. 6000/- and in default of payment of fine, he has to undergo further additional imprisonment of one year.

(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.) On 03.10.2004 at about 07:05 PM, on the basis of written report Ex.Ka-1 submitted by Informant, PW-1, Kishori Lal, a case was registered at Police Station, New Agra, District Agra and Chik report (F.I.R.) (Ex.Ka-12), was prepared by Head Moharrir, PW-5, Satyaveer Singh. It was stated in FIR that Informant, PW-1 and his brother Ram Charan had been residing along with their children after constructing a thatched house in a vacant plot at Mohalla, Nirbhaynagar and were maintaining their family by earning wages. Near the plot of Informant, PW-1 and Nuro Kidz School, there existed another vacant plot wherein Chabbilal son of Dashrath, resident of Gram Kanera, P.S. Mahrajpur, District Chattarpur, Madhya Pradesh used to reside along with his children. There has been some dispute continuing for several days between Informant's brother Ram Charan and Chabbilal with regard to masonry work and transaction of money. On 03.10.2004 at about 06:00 PM, Informant's brother, Ramcharan went to Chhabilal for accounting purpose. PW-1, Informant and PW-2, Nand Ram son of Kunaua, resident of Village Gram Khiri, P.S. Mahrajpur, District Chattarpur, Madhya Pradesh were passing through cottage of Chhabilal for attending call of nature, when they heard Chabbilal exhorting Informant's brother, saying that he (Chhabilal) would settle the account of Ramcharan that day. Accused came out of the house with a wood cutting axe and inflicted thrice on the neck of Informant's brother Ramcharan. When Informant and Nandram tried to save him (Ramcharan), they were also threatened. However, showing courage, Informant and Nandram caught hold of accused, Chhabilal, at the spot itself, along with bloodstained axe. Informant took the accused to Police Station and lodged FIR (Ex.Ka-12) against him. It was also stated in FIR that dead body of deceased, Ramcharan was lying by the side of road in front of Chhabilal's house.