Krishna Singh, J. - (1.) The instant criminal jail appeal has been preferred on behalf of the accused-appellant Dhannajaya Dubey @ Lal Babu s/o Late Doodh Nath Dubey, r/o Babhiniyaw, P.S Mayil, District Deoria challenging the impugned judgment and order dated 5/7.10.2013 passed by Additional Sessions Judge (Court No.6) Deoria whereby the appellant has been convicted and sentenced to serve out life imprisonment in Sessions Trial No.179 of 2010 (State of U.P. vs. Dhannajaya Dubey @ Lal Babu) arising out of case crime No.229 of 2010 under Section 302 of the Indian Penal Code, Police Station Mayil, District Deoria with fine of Rs. 20,000/- and in default of payment of fine, the appellant will have to undergo six months imprisonment.
(2.) This is a case of fratricide as the accused-appellant has killed his own brother.
(3.) The origin of facts emanating from the prosecution in a short conspectus is that Dhananjay Singh alias Lal Baboo, the uncle of the complainant who was living separately from his father Vijay Shankar Dubey for the last ten years by apportioning his share in agricultural land and house and was also nurturing and rearing animus and grudge to eliminate him. On 16.6.2010, the victim Vijay Shankar Dubey the father of the complainant Sujit Dubey was sleeping in the Verandah after taking the meal. Dhananjai Dubey, the uncle of the complainant at about 9.45 a.m. equipped with an axe came near his father and inflicted three/four blows on the vital part of his body causing fatal and grievous injuries . The incident was witnessed by Saraswati Devi (grand mother of the complainant) and on her shriek and shrill, Smt. Savita Devi, the wife of the complainant and the complainant himself came at the Verandah and witnessed the accused Dhananjay Dubey equipped with axe saturated with blood . The father of the complainant Vijai Shanker Dubey soaked with blood was grappling with life. The accused Dhananjai Dubey fled from the place of occurrence seeing the complainant and others. The complainant immediately made arrangement of vehicle and reached at Sadar Hospital, Deoria where the doctor declared him brought dead Leaving the dead body of Vijay Shanker Dubey, the complainant went to lodge the first information report for taking appropriate action. The first information report was lodged on 16.6.2010 at 19.30 ours . in respect to the incident alleged to have taken place on 16.6.2010 at about 9.45 A.M. vide Case Crime No.229 of 2010 under Section 302 of the Indian Penal Code, Police Station Mayil, District Deoria. On the basis of the first information report Kanhaiya Lal (P.W.6) Head Moharrir prepared the chik FIR Ext. Ka-6 vide Case Crime No. 229 of 2010 under section 302 IPC against the appellant Dhananjai Dubey alias Lal Baboo and registered the case in the G.D. Entry vide Ext. Ka.2.;