Decided on July 23,2012

Harish Prasad Appellant
STATE OF U P Respondents


SERVESH KUMAR GUPTA, SUDHANSHU DHULIA, JJ. - (1.) SINCE the appellant was not being represented by any counsel, this Court vide order dated 2.7.2012 had appointed a practicing advocate of the Court Sri R.S. Bisht, as amicus curiae, to assist the Court on behalf of the accused/appellant.
(2.) HEARD Mr. R.S. Bisht, learned amicus curiae, present for the appellant and Mr. R.P. Nautiyal, learned Deputy Advocate General (Crl), along with Mr. S.A. Siddiqui, AGA, for the State/respondents. This criminal appeal arises out of the judgment and order dated 25/26.3.2004 passed by the Sessions Judge, Bageshwar in Sessions Trial No.11 of 2003, State Vs. Harish Prasad, whereby the sole appellant/accused Harish Prasad has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life along with fine of Rs.5,000/-, and in default of payment of fine, to undergo one year's additional R.I.
(3.) BRIEF facts of case are that an FIR was lodged on 4.4.2003 at 7:15 PM by one Rajendra Kumar, according to which, at about 6:30 in the evening, when his brother Harish Ram was going from a place 'Jasar' to 'Manura' and when he reached 'Nauladhara', suddenly the accused Harish Prasad, who was having a 'Belcha' in his hand (an instrument used by workers to lift stones etc. in construction work) came chasing Harish Ram from behind and attacked him by the said 'Belcha' on his head, as a result of which his brother died on the spot. On the background of this narration, complainant states that about one year back, the accused Harish Prasad was married to one Bimla Devi and there was a rumour in the village that Harish Ram (deceased) was having illicit relations with the wife of accused. On this suspicion, his brother was attacked and murdered by the accused. The complainant further states that his brother died on the spot and his body is lying on the spot whereas the assailant had run away from the place of occurrence. When the complainant heard hue and cry, he had then reached the spot. He further states that even the mother of accused Harish Prasad had gone to pacify and stop the assailant, but in vain.;

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