- (1.) Under challenge in this appeal is the judgment and order dated 27.9.2010 passed by learned Additional Sessions Judge/ F.T.C. Lalitpur in Sessions Trial No.04 of 2009 , under Section 302 I.P.C., Police Station Kotwali Lalitpur, District Lalitpur arising out of Case Crime No. 2082 of 2007 whereby accused appellant Jitendra Singh @ Jeetu Raja has been convicted for the offence under Section 302 I.PC. and sentenced to imprisonment for life with fine of Rs. 5000/- with default stipulation of imprisonment for 3 months.
(2.) Heard learned counsel for the appellant and learned A.G.A.for the State of U.P.
(3.) The factual matrix of the case is as follows: The FIR of the case was lodged to police on 19.6.2007 at 10.30 A.M.with respect to the incident which occurred on 19.6.2007 at 7.30. The informant along with deceased in the morning at about 7.00 A.M.on the day date of incident was going to participate in cremation of one of his relative Kamta at Savarkar Chowk,Lalitpur. The accused appellant Jitendra Singh @ Jeetu Raja met with them at Savarkar Chowk,Lalitpur. The accused asked the brother of the informant deceased (Mahesh Kumar Tiwari) to accompany him. The deceased (Mahesh Kumar Tiwari) accompanied with accused appellant Jitendra Singh @ Jeetu Raja and the informant was instructed by the deceased to stay there. After about half an hour one Drigpal Singh informed the informant that his brother had sustained gunshot injury and his condition is very serious and he is in district hospital. On reaching at the hospital,informant saw the gunshot injury in the chest of his deceased brother. He lodged the FIR with the police mentioning therein that his brother Mahesh Kumar Tiwari has been murdered by accused appellant Jitendra Singh @ Jeetu Raja.;