SHISHU PAL Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal, under Section 383 Cr.P.C. through Superintendent of Jail, Bareilly has been filed by accused-appellant, Shishu Pal, against the judgment and order dated 30.11.2013 passed by Sri Mridulesh Kumar Singh, Additional Sessions Judge, Court No. 13, Bareilly in Sessions Trial No. 778 of 2011, arising out of Case Crime No. 1303 of 2010, P.S. Bhamora, District Bareilly, convicting accused-appellant under Section 302 I.P.C. and sentencing him to undergo life imprisonment with a fine of Rs. 20,000/- and, in default of payment of fine, he has to undergo further additional simple imprisonment of six months.

(2.) Prosecution story, in brief, is that informant Runka Devi wife of deceased- Netram (PW-2) moved written report (Ex-Ka-1) dated 11.10.2010 alleging therein that real nephew of deceased, namely, Shishupal (accused-appellant) was having a bad intention on her land and, on that pretext, on 11.10.2010 at about 9 a.m., when husband of Informant was lying outside at the back portion of his house, Shishupal armed with a piece of brick gave multiple blows on his head as a result of which, he sustained serious injuries. Informant is said to have reached the spot and with the help of villagers, namely, Mukesh son of Rajju, Ahbaran son of Khamani took her husband to District Hospital but on the way to hospital, he died. She has further stated that after postmortem examination, she has come to police station.

(3.) On the basis of written report (Ext. Ka-1) on 11.10.2010 at 17.45., chik F.I.R. was registered against accused-appellant, by constable Mewaram vide Case Crime No. 1303 of 2010, under Section 302 IPC, which is (Ext. Ka-5) on record. G.D. entry was also made at the same time in general diary as (Ext. Ka-6). Investigation was entrusted to Sri Rajesh Kumar Tiwari, (I.O.) concerned. It also appears that after registration of F.I.R., police started investigation; reached the place of occurrence and prepared site plan (Ext. Ka 7 & 8), collected plain soil and blood stained soil, sealed it and prepared recovery memo (Ex Ka-3).