NATTHU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal under Section 383 Cr.P.C. has been preferred by accused-appellant, Natthu Singh from jail through Superintendent, Central Jail, Fatehgarh against judgment and order dated 30.01.2003 passed by Sri Matamber Singh, Additional District and Sessions Judge, Court No. 2, Kanpur Dehat. By impugned judgment, learned Sessions Judge has convicted accused-appellant under Section 302 IPC and sentenced him to life imprisonment along with fine of Rs. 2000/-. In case of default in payment of fine, he has to undergo further six months simple imprisonment.

(2.) Prosecution story in nutshell as surfacing from First Information Report (hereinafter referred to as "FIR") as well as evidence available on record may be stated as follows.

(3.) On 16.08.2001 at 05:55 PM, a written report (Ex.Ka-1) was submitted in Police Station Roora, District Kanpur Dehat by Informant PW-3, stating that at about 01:30 PM, same day, Informant's father Ganga Singh and his brother Bahadur Singh, Bishamber Singh, Patwari Singh and Ram Avtar Singh along with mechanic Manni Lal @ Pappu had gone to repair broken water tank of Tubewell and its hook. Aforesaid persons along with Informant and mechanic had returned to village to take lunch. After taking lunch, when they were going to Tubewell, they saw that Informant's sister's husband (Behnoi), resident of Motipur, P.S. Ghatampur, District Kanpur Nagar, was fleeing away from Tubewell towards South. When they reached the Tubewell, they saw that a rope was tied around the neck of Informant's father, Ganga Singh, aged about 60 years and he had sustained injuries on his face wherefrom blood was oozing. It is stated in the FIR that accused-appellant Natthu Singh had murdered Ganga Singh because Informant's sister, Birma Devi used to reside with her father for about ten years and not willing to go to her husband's house since she was not getting bread and butter there. Accused-appellant Natthu Singh was under misapprehension that Ganga Singh, Informant's father, was detaining and not sending Informant's sister Birma Devi to her husband's house and for this reason, accused-appellant committed murder of his father. It is further stated in the FIR that accused-appellant Natthu Singh is a habitual drinker and a man of bad character. He was also sent to jail several times.