KISHAN SINGH Vs. STATE

JUDGEMENT

(1.) Heard Mr. S.K. Upadhyay, learned for the appellant as well as Mr. Nagendra Bahadur Singh, learned Additional Government Advocate for the State.

(2.) This criminal jail appeal arises out of judgement and order dated 22.11.2007 passed by the Additional Sessions Judge, Court No.21, Firozabad in Sessions Trial No.574/2005; State v. Kishan Singh, whereby the appellant has been convicted for commission of offence under Section 302 of Indian Penal Code and sentenced to undergo life imprisonment along with a fine of Rs.500/-, in default, to undergo one month's additional simple imprisonment.

(3.) The case, as set up by the prosecution, is that Dilip Kumar s/o Virendra Kumar resident of Mohalla Ambenagar Selai, Police Station Ramgarh, District-Firozabad lodged a first information report on 20.06.2005 stating therein that his real uncle Dinesh Kumar Katara had been residing in the house of Kishan Singh since 6-7 years. He stated that some altercation was developed between them before one month, then Kishan Singh s/o Ved Ram had went to village Mathura whereas his uncle Dinesh Kumar Katara continued to live in his house. Dinesh Kumar Katara had spent money to look after his family. While on intervening night of 19/20.06.2005, Kishan Singh was proceeding to his house along with spade (Fawada) besides his house, since he was quite silently proceeding, the informant suspected about his proceed and woke his father Virendra Kumar and uncle Ashok Kumar and proceeded towards the house of Kishan Singh then they saw that Kishan Singh was assaulting his wife and Dinesh Kumar Katara with spade. After hearing hue and cry some neighbours reached there. His uncle Dinesh Kumar Katara and Sunita both had laid on one cot. After seeing them the accused run away with spade by jumping over wall then the informant rushed to the government hospital along with his uncle and Sunita and got admitted them, where Sunita died and his uncle was referred to Agra.