TEJPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal, filed on behalf of the appellant, is directed against the judgment and order dated 28.10.2004 passed by learned Additional Sessions Judge/Fast Track Court-IV, Lucknow in S.T. No. 963 of 2003 [State Vs. Tejpal Singh] whereby the applicant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- and in default thereof two years' imprisonment.

(2.) In the instant appeal relevant facts of the prosecution case, may be summarized as under:

(3.) That on 14.03.2003 at 10.15 PM Dhruv Kumar Singh, resident of village Gohana Kala, P.S. Bakshika Talab, District Lucknow gave a written report stating therein that on that day his co-villager Tejpal Singh at about 5.00 PM was abusing his brother Arun Kumar Singh, when he was asked not to do so and his brother went towards door of Babu Lal, Tejpal Singh, who bore enmity with his family, came armed with spear and chased his brother and struck spear blow in his stomach. His brother seriously injured, fell down, when they had taken him to Medical College, Lucknow, he was declared died.