MOHAN LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. Ram Pratap Singh Chauhan, learned counsel for the appellant and Sri Dharmendra Singh, learned Additional Government Advocate were heard at length.

(2.) Under Challenge in the instant criminal appeal is the judgment and order dated 05.08.2006 passed by learned Additional Sessions Judge/F.T.C. Court No. 6, Hardoi, in Sessions Trial No. 81 of 2005, arising out of Case Crime No. 438 of 2004, Police Station Kachhauna, District Hardoi whereby appellant Mohan Lal was convicted for the offence under Sec. 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs. 5000/ - with default stipulation of one year's additional imprisonment.

(3.) In brief, the case of the prosecution was that the complainant Rameshwar lodged an FIR at Police Station Kachhauna, District Hardoi on 08.10.2004 at 15:30 hours alleging therein that the appellant was living in the house of Vishram and Nattha Chamar for the last about three months in his village. On 08.10.2004 he got his nephew Siya Ram suffered by snake bite between 8 -9 a.m. due to which he died.