Krishna Singh, J. - (1.)This criminal jail appeal has been preferred by the appellant-accused Raju Regmi against the impugned judgment and order dated 29.11.2013 passed by the Trial Court/Additional Sessions Judge, Varanasi in S.T. No. 53 of 2013 (State of U.P. vs. Raju Regmi), under Section 302 IPC.
(2.)By means of impugned judgment and order, trial court has convicted the appellant-accused for the offence under Section-302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000/- with default sentence of two months imprisonment.
(3.)The case against the appellant-accused has been arised on the basis of written report Ext. Ka-1 dated 2.10.2012, lodged by the informant/complainant Veer Bahadur Singh son of Late Naina Singh, resident of A/36, K.F.I. Rajghat, Basant School Campus, Rural Center, Rajghat Fort, Police Station Adampur, District Varanasi. The facts mentioned therein are that complainant's son Gyan Bahadur was doing the mess work at Basant School and was residing with him at House No.A36, K.F.I. Rajghat, Basant School Campus. Accused Raju Regmi was also residing at A/36, KFI Rajghat, Besant School Campus, Rajghat Fort, PS Ram Nagar Varanasi and working at the mess with the son of the complainant. On 02.10.2012, both were sitting in accused Raju's room and were watching a match on television while having alcohol together and at the said point of time due to some personal dispute, Raju Regmi stabbed a knife into the belly of complainant's son Gyan Bahadur at about 9 pm. On an alarm being raised; the complainant, Dinesh Kumar Singh, Chhabi Lal, Sher Bahadur and many persons from the locality reached on the spot and saw that Raju Regmi whose hand was stained with blood was fleeing away. The complainant, with the help of other persons, took his son to Shiv Prasad Gupta Hospital where he was declared dead.