Chandra Dhari Singh, J. - (1.) Heard Sri Rupak Chaubey, learned Amicus Curiae for the appellant and Sri B. A. Khan, learned A.G.A. for the State.
(2.) Present jail appeal is directed against the judgment and order dated 25.11.2015 passed by the Additional Sessions Judge, Kanpur Nagar in S.T. No.818 of 2011, by which the appellant-accused was convicted for offence punishable under Section 302 I.P.C.. He was sentenced to undergo imprisonment for life and pay fine of Rs.10,000/-, in default of payment of fine to undergo further imprisonment for one year.
(3.) The factual score that needs to be exposited is that on 20.3.2011, a Tehrir was made by Raj Kishore Gupta at Police Station Kalyanpur, Kanpur Nagar stating that on the same date i.e. on 20.3.2011 at about 5.15 A.M., there was a noise coming from the room where all the workers working in the sweet shop used to reside. After hearing noise, when the complainant and his son Kallu opened the door then they saw that Bablu alias Sanjeev Mishra (hereinafter referred to as 'the appellant') inflicting blows from the piece of wood on the deceased namely Bahadur. As per the version of the complainant in the F.I.R., he took help of other laborers namely Arvind, Yashwant and Dharmendra for untangling the dispute and thereafter took the deceased Bahadur to the hospital in car. The deceased took last breath during medical treatment. On the basis of Tehrir an F.I.R. was registered at about 8.30 A.M.;