RAM SURAT Vs. STATE OF U. P.

JUDGEMENT

(1.) Present Jail Appeal has been filed by accused-appeallant-Ram Surat through Superintendent of Jail, against the judgment and order dated 31.03.2015 passed by Additional Session Judge, Court No.10, Varanasi in Session Trial No.574 of 2011 (State versus Ram Surat), Crime No. 112 of 2011, under Section 302 IPC, Police Station Sarnath, District Varanasi, whereby Trial Court has convicted accused Ram Surat and sentenced him to life imprisonment along-with a fine of Rs.10,000/-. In default of payment of fine, he shall undergo further imprisonment for three months.

(2.) Case of prosecution in brief is that a written report Ex.Ka-1 dated 03.06.2011 was presented in Police Station Sarnath, District Varanasi by Informant PW-1 Ram Murat, alleging that on 03.06.2011 at about 02:00 PM he was gong to his field when Km. Durga, adopted daughter of accused-Ram Surat, was coming home after learning sewing. He heard the noise from the house of accused. he himself and Durga went inside and saw Ram Surat assaulting his wife Smt. Vidya Devi with axe. On seeing them he (Ram Surat) ran away from the spot towards north leaving axe on spot. Vidya Devi became injured seriously and succumbed to injuries.

(3.) On receipt of written report Ex.Ka-1, Chik Report Ex.Ka-4 was prepared by Constable Kamlakar Prasad Chaudhary, PW-4, who registered the case under Section 302 IPC as Case Crime No. 112 of 2011. An entry of case was made in General Diary on same day at 15:05 PM, a copy whereof is Ex.Ka-5 on record.