SEWAK Vs. STATE OF U P

JUDGEMENT

(1.) Accused-Appellant stood for trial in Sessions Trial No. 27 of 2009 (State v. Sewak, Case Crime No. 320 of 2008), under Section 304 IPC, Police Station Shivpur, District Varanasi, in the Court of Additional District and Sessions Judge, Court No.5, Varanasi and came to be convicted by said Court, vide judgment and order dated 07.12.2011, sentencing him under Section 304 IPC to undergo imprisonment for life and fine of Rs. 50,000/-. In default of payment of fine, he shall further undergo six months' additional imprisonment. Appellant sought interference of this Court by filing this Jail Appeal from Jail through Jail Superintendent concerned.

(2.) Prosecution story, in brief, as came out from First Information Report (hereinafter referred to as 'FIR') and factual matrix of the case is that accused-appellant and victim-Raja Ram were detained in Central Jail, Varansi in respective cases. On 14/15.09.2008 at about 1:00 am (mid-night), prisoner-Sewak attacked victim-Rajaram with brick. Resultantly, victim sustained serious injuries on his nose and head. He was admitted in Jail Hospital but no improvement shown, hence, on 15.09.2008, he was referred to Pandit Deen Dayal Upadhyay Hospital for better treatment. On the same day, he was further referred to Shiv Prasad Gupt, Regional Hospital, Varanasi. During treatment, on 16-17.09.2008 at about 12:20 (midnight) victim-Rajaram succumbed to injuries.

(3.) Pw-1 submitted typed written report Ex.Ka-1 through Kundan Singh (not examined) to Station House Officer, Police Station Shivpur to lodge FIR against accused-appellant. Deceased was undergoing imprisonment under Section 302 IPC in Central Jail Varanasi. PW-1, on 17.09.2008, sent another typed communication Ex.Ka-2 to Additional City Magistrate, Varanasi requesting him to conduct inquest over the dead body deceased. Both communications were also sent to Senior Officers concerned.