MALLU Vs. STATE OF U P

JUDGEMENT

(1.) Against judgment and order dated 7.8.2013 passed by Special Judge (S.C./S.T.) Act, Farrukhabad in Special Sessions Trial No. 609 of 2007, State v. Mallu @ Mahesh Chandra, under Section 302 IPC, Case Crime No. 391 of 2007, Police Station Shamshabad, District Farrukhabad, accused-appellant has preferred this appeal under Section 383 Cr.P.C. from Jail through Superintendent Jail, Farrukhabad. By impugned judgement, appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 10,000/- and in default of payment of fine, three months simple imprisonment.

(2.) Factual matrix of case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) P.W.-1 presented a written report Ex.Ka-1 in Police Station Shamshabad, District Farrukhabad at about 21:25 p.m. on 12.8.2007 stating that his mother Ram Pyari at about 8 o'clock in the morning had gone to weed out the corn field, situated towards eastern side of village. Informant also went to the field at about 1:00 p.m. and had also weeded out a little and thereafter returned to house along with grass for his Buffalo. His mother remained at the field. Informant again went to the field by cycle and at about 6:30 p.m., Informant along with his mother had been returning to their home along with bundle of grass kept on cycle. When they reached near the grove of Vedpal, mother of Informant asked him to go by bicycle and give bath to the buffalo. Hardly, he went ahead about 30-40 paces, when he heard shrieks of his mother whereupon returned back and saw that accused-appellant Mallu @ Mahesh Chandra was dragging her mother to the grove of guava. When Informant's mother protested, accused-appellant started assaulting her by Axe (Takora). Hearing noise of Informant and screams of his mother, Informant's uncle Ramveer and Amar Singh Kori of the village, coming from eastern side, rushed to save his mother. The accused-appellant fled away through guava grove waving his hands with Axe. The labourers working in nearby field on account of fear also fled away from their fields. Informant's mother died instantaneously on the spot.