KAMLESH Vs. STATE OF U P

JUDGEMENT

(1.) Presumption howsoever strong cannot take the place of proof is the issue raised in this criminal appeal.

(2.) The appellant-Kamlesh has filed the present Criminal Appeal, questioning the correctness of the judgement and order dated 1.12.2011, passed by the Special Judge, S.C./S.T. Act (Court No.2) Deoria in S.T. No. 6/08 (State Vs. Kamlesh) arising out of Case Crime No. 245 of 2007, under sections 304, 326, 506 IPC, P.S. Baghauch Ghat, District Deoria, whereby and where under the appellant has been convicted under section 304 Part I IPC and consequently sentenced to rigorous life imprisonment along with fine of Rs. 50,000/-. In case of default, in the payment of fine, the appellant is to undergo an additional simple imprisonment of two years. The appellant has also been convicted under section 326 I.P.C. and consequently awarded 10 years rigorous imprisonment along with fine of Rs. 50,000/-. In case of default in the payment of fine, the appellant is to further undergo simple imprisonment for two years. The appellant has lastly been convicted under section 506 IPC and consequently sentenced to two years rigorous imprisonment along with fine of Rs. 10,000/-. In default, the appellant has to consequently undergo another three months simple imprisonment. Out of the total amount of fine so awarded, a sum of Rs. 10,000/- is to be deposited in the State Exchequer, whereas, the balance amount is to be paid to the children of the deceased. All the sentences awarded to the appellant are to run concurrently.

(3.) We have heard Mrs. Swati Agrawal, learned counsel for the appellant, Mr. Arunendra Kumar Singh, Mr. Sunil Kumar Tripathi, Mr. S.K. Pandey, learned A.G.A. and Mr. P.K. Sahi, learned brief holder for the State.