Gopal Krishan Vyas, J. - (1.) The instant cr. appeal has been filed by the accused appellant Aditaya Kumar under Section 374(2) of Cr.P.C. to assail the validity of the judgment dated 18.2.2011 passed by the learned Sessions Judge, Pratapgarh in Sessions Case No.63/2008 by which the learned trial court convicted the accused appellant for offence under Section 302 IPC and passed the sentence for life imprisonment with fine of Rs.5,000/- and in default of payment of fine to further undergo one year RI.
(2.) As per facts of the case, a report (Ex.P/1) was lodged by the complainant Rameshwar Giri Goswami (PW-1) at Police Station Arnod on 24.3.2011 in which it is reported that at 5.00 pm Sh. Aditaya Kumar Bansiwal post-man residing in his house as tenant abused him and said that he will not pay rent because proper supply of electricity is not made available in his rented house. After saying so, Aditaya Kumar went in market and came back at 8.00 pm and again started abusing him and his family members. Santosh Kumar, nephew of complainant asked the accused Aditaya Kumar why he is abusing them, upon asking accused appellant Aditaya Kumar became angry and said that he will see him and gave knife blow in the stomach of his nephew Santosh Kumar. Due to said injury Santosh Kumar injured was taken to the Pratapgarh Hospital, but in the hospital doctor declared him dead.
(3.) As per allegation in FIR at the time of incident Mansukh and Bharat were also present on spot and they witnessed the occurrence.;