MOTI Vs. STATE

JUDGEMENT

(1.) This jail appeal under Section 383 Code of Criminal Procedure, 1973, (hereinafter referred to as "Code") has been filed against judgment and order dated 20.1.2011 passed by Additional Session Judge, Court No. 2, Bareilly in S.T. No. 37 of 2009 (State Vs. Moti) arising out of Case Crime No. 597 of 2008, under Section 302 I.P.C., P.S. Faridpur, District Bareilly, whereby appellant-accused Moti (hereinafter referred to as "appellant") has been convicted under Section 302 IPC for a sentence of life imprisonment along with fine of Rs. 1000/-. In case of default in payment of fine, he has further been directed to undergo rigorous imprisonment for 3 months.

(2.) Brief facts, arising out of this appeal, are that appellant, Informant- Ram Sharan (PW-1) and deceased Kuwar Sen, all are residents of village Ausadh, P.S. Faridpur, District- Bareilly. Ram Swaroop, father of appellant, had leased out his agricultural land to Kuwar Sen (deceased). Due to that reason appellant and his real brother Om Prakash were inimical with deceased Kuwar Sen. On 13.6.2008, at about 2:30 p.m., Kuwar Sen (deceased) was taking rest beneath Pakad tree, situated in front of his house. Appellant and his real brother Om Prakash, armed with lathi/danda, came to Kuwar Sen. Om Prakash exhorted that as deceased Kuwar Sen poses himself as superior; kill him. Thereafter appellant attacked on Kuwar Sen by lathi and caused grievous injuries to him. Informant Ram Sharan (PW-1) raised alarm. On his alarm and scream made by deceased Kuwar Sen, Brijesh Kumar (PW-2) and Praveen Kumar (PW-3) rushed towards the place of occurrence, saw the incident and they also raised alarm. Meanwhile, appellant and Om Prakash fled away from place of occurrence by hurling abuses. Ram Sharan (PW-1) was carrying his brother Kuwar Sen (deceased) for treatment but Kuwar Sen died on the way.

(3.) First Information Report, Ex.ka-1 (hereinafter referred to as "F.I.R.") of the said incident was lodged by Ram Sharan (PW-1) at P.S. Faridpur, District Bareilly on 14.6.2008 at 00:20 a.m. Case Crime No. 597 of 2008 under Section 304 IPC was registered and said information was entered in General Diary (Ex.ka-10) by Constable Gajendra Singh, Chik F.I.R. (Ex.ka-9) was prepared by him on same day and time. The investigation of case was handed over to S.I. Tejveer Singh (PW-5) who rushed to place of occurrence, visited the same and prepared site plan (Ex.Ka-7). He took the sample of blood stained and plain earth from place of occurrence and also took a stick (danda), weapon used in offence and prepared recovery memo (Ex.Ka-5 and Ka-6). He rushed to Community Health Centre, Faridpur (hereinafter referred to as "C.H.C.") where dead body of deceased was lying, prepared inquest report (Ex.Ka-3) and sent dead body of deceased Kuwar Sen for post mortem to District Hospital, Bareilly with relevant papers.