RANDHAWA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of the impugned judgment and order dated 24.11.2009 passed by Additional Sessions Judge, Court No. 5, Shahjahanpur in Sessions Trial No. 07 of 2007 (State Vs. Randhawa and another) convicting appellant Randhawa and deceased accused Dara under Section 302 read with 34 of IPC and sentencing them to undergo imprisonment for life and a fine of Rs. 10,000/- each, in default thereof, further six months simple imprisonment.

(2.) In the present case, name of the deceased is Ram Bharose. It is alleged that one CD player was stolen by appellant from the shop of deceased Ram Bharose and when Ram Bharose demanded back the same, he was caught hold by co-accused Dara, brother of the appellant, and then appellant Randhawa gave a knife blow on the stomach of the deceased. Incident has been witnessed by PW-1 Tarawati, wife of the deceased, and at her instance at 09.30 p.m., FIR Ex. Ka. 9 was registered on 15.06.2006 against the appellant Randhawa and accused Dara under Sections 323 & 504 of IPC. Injured Ram Bharose was taken to hospital, where he was declared brought dead. FIR was later on converted into Sections 302/34 of IPC.

(3.) Inquest on the body of the deceased was conducted on 16.06.2006 vide Ex. Ka-2 and the body was sent for postmortem, which was conducted on the same day by PW-3 Dr. K.B. Jain vide Ex. Ka-7.