CHHOTEY LAL Vs. STATE OF U P

JUDGEMENT

(1.) Present Jail Appeal has been filed under Section 383 Cr.P.C. by accused-appellant Chhotey Lal through Superintendent of Jail, Kaushambi against judgment and order dated 19.01.2017, passed by Sri Ram Chandra Yadav, Additional Sessions Judge, Court No.5, Kaushambi in Sessions Trial No.177 of 2010 (State v. Chhotey Lal) relating to Case Crime No.754 of 2009, Police Station Saini, District Kaushambi, convicting accused-appellant under Section 302 IPC and sentencing him to undergo life imprisonment with a fine of Rs. 10,000/- and in default of payment of fine, he has to undergo ten months additional imprisonment. Further under Section 201 I.P.C., accused-appellant has been sentenced to undergo 2 years imprisonment with fine of Rs. 2,000/- and in default of payment of fine, two months additional imprisonment was awarded. Both sentences were directed to run concurrently.

(2.) Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) A First Information Report was lodged by P.W.-1 Rakesh Kumar resident of Sirathu P.S. Kaushambi on 16.12.2009 at P.S. Saini with the allegation that Informant's father Basudeo aged about 90 years used to reside in a cottage near the well in his field situate in Mohalla Kaithanbag for more than 10 years. He used to cook and take his meal there and looked after the fields. The day before the incident, Informant had gone to his father's place of residence and after seeing him returned to his house at 9:00 p.m. On 16.12.2009 when went to the fields, he noticed blood stains inside the cottage. His father was absent therefrom. He also noticed mark of dragging along with blood stains from hut to the well. When he peeped into the well, he saw his father's dead body lying in the well. According to Informant, some unknown persons had assaulted and murdered his father.