- (1.) Heard Dr. C.P.Upadhyay,learned counsel for the appellant and A.N.Mulla, learned AGA for the State assisted by Sri Saghir Ahmad, learned AGA, J.K.Upadhyay, learned AGA, Sri Hasan Abidi and Sri Irfan Chaudhary, learned brief holders for the State.
(2.) This criminal appeal has been filed by the appellant Manoj @ Munna Patel against the judgment dated 21.04.2005 and order dated 25.04.2005 passed by Additional District & Sessions Judge, Court No.3, Varanasi in S.T. No. 444 of 2004 convicting the appellant under Sections 302 and 323 IPC and sentencing him to imprisonment for life and a fine of Rs. 50,000/- under Section 302 IPC and one year rigorious imprisonment and a fine of Rs. 1,000/- under Section 323 IPC and in default of payment of fine awarded under both the counts three years additional rigorous imprisonment. The Additional District & Sessions Judge, Court No.3 Varanasi directed that both the sentences shall run concurrently and the amount of fine deposited by the appellant shall be paid to the heirs of the deceased as compensation.
(3.) Briefly stated, the facts of this case are that on the basis of written report (Ex. Ka-1) given by PW-1 Prem Chandra Patel, son of Ram Lal Patel, r/o Ramna at P.S. Lanka, District Varanasi on 07.02.2004 at about 12.40 p.m., case crime no. 56 of 2004, under Sections 302/323 IPC was registered against the appellant. The complainant in his written complaint alleged that while he alongwith his father Ram Lal Patel brother Suresh Chandra Patel and Ghanshyam Singh, Gram Pradhan of the village was pulling out grass from the field of Chhotey Lal and their grand father Mani Ram Patel was sitting at some distance from them, his cousin brother Manoj @ Munna Patel suddenly appeared at the place of incident and wielded repeated blows with his spade on the neck of his grand father and immediately ran away from the place of incident. His grand father died instantaneously while running away from the place of incident, the accused Manoj @ Munna Patel also assaulted his younger brother Harish Chandra with spade causing injuries to him. After the registeration of the FIR PW-6, SHO Ajit Singh Chauhan, P.S. Lakna himself assumed the investigation of the case and reached the place of incident and prepared site plan Ex.Ka-7 and other documents, namely, police form 13, police form no. 379, letter addressed to CMO Ex. Ka- 8, 9 and 10 respectively and got the inquest report Ex.Ka-2 prepared on his instructions. He also collected blood stained and plain earth from the place of incident and prepared its recovery memo Ex.Ka-4 and obtained the signatures of both the witnesses thereon and thereafter dispatched the cadevar of the deceased with constables Sitaram and Jai Singh for post mortem.;