JUDGMENT :

Shiv Shanker Prasad, J.

1. This criminal appeal is directed against the impugned judgment and order dated 10.02.2021, passed by Additional Sessions Judge/ Fast Track Court-II, Chandauli in Session Trial No. 04 of 2013 (State of U.P. Vs. Rajender Yadav), arising out of Case Crime No. 232 of 2012, whereby accused-appellant- Rajendra Yadav has been convicted and sentenced for life imprisonment for an offence under Section 302 I.P.C. alongwith fine of Rs.15,000/-, in default thereof, to further undergo six months additional imprisonment.

2. We have heard Mr. Rajiv Lochan Shukla, learned Counsel assisted by Ms. Suman Bharti, Advocate appearing for the accused-appellant and Mrs. Archana Singh, learned A.G.A. for the State as also perused the entire materials available on record.

3. As per the prosecution case a written report (Ext. Ka-1) was given on 17.6.2012 to the Police Station Mugalsarai, District Chandauli, by Muse Yadav (P.W.-1/first informant), who happens to be the son of the deceased stating that his father used to sell milk. As usual, on 17.6.2012 in the evening, he had gone to sell milk and when he was returning after supplying milk to Saran Yadav, resident of village Katesara, the accused Rajender Yadav son of Jaganandan Yadav resident of his village, with whom a dispute was going on in respect of passage and open land between them, lay in ambush near Katesar Bhusa Mandi at around 7:45 P.M., and assaulted the deceased by brick repeatedly until he died and that his father’s body is lying on the spot. On the basis of the above written report a first information report dated 17.6.2012 (Ex.Ka.6) came to be lodged and registered as Case Crime No. 232 of 2012, under Section 302 I.P.C. against the accusedappellant.

4. After registration of the first information report, P.W.-8, namely Sanjay Singh, Investigating Officer reached the place of occurrence on the same day i.e. 17.6.2012 at about 7:30 – 8:00 P.M. The inquest proceedings however commenced at 06:00 A.M. on the next day and concluded at about 7:30 A.M. The Investigating Officer of this case P.W.-8 recovered Cycle and milk bucket (Balta) (Ex. Ka-3), blood stained piece of brick (Ex.Ka-4), blood stained and plain earth (Ex. Ka-5) and prepared recovery memos in that regard.

5. The post-mortem has been conducted on 18.06.2012 in which cause of death has been found to be Coma as a result of following ante mortem head injuries:-

“1. Lacerated injury .8 cm x 2 cm over Rt. Side of frontal bone and part of left side parietal bone

2. Contused swelling 10 cm x 6 cm just above the lacerated wound

3. Contused injury over scalp except occipital region

4. Contused swelling over face 4 cm x 8 cm including nasal area and part of both cheek . Both side of maxilla fractured.”

6. The Investigation ultimately concluded with submission of chargesheet against the accused-appellant on 30.07.2012 (Exhibit-Ka-8). The concerned Magistrate took cognizance and committed the case to the Court of Sessions, wherein charges have been framed under Section 302 I.P.C. against the accused-appellant on 28.06.2014. Charges were read out to the accused-appellant, who denied the accusation and demanded trial.

7. The prosecution in order to establish the charge levelled against the accused-appellant, has relied upon following documentary evidences, which were duly proved and consequently marked as Exhibits:

“Written report dated 17.6.2012 has been marked as Exhibit-Ka-1; F.I.R dated 17.6.2012 has been marked as Exhibit-Ka-6; Recovery memo of Cycle & Bucket dated 18.6.2012 has been marked as Exhibit-Ka-3; recovery memo of piece of bricks dated 18.6.2012 has been marked as Exhibit-Ka-4; Recovery Memo of blood stained and plain earth dated 18.06.2012 has been marked as Exhibit- Ka-5; Post mortem report dated 18.06.2012 has been marked as Exhibit-Ka-15; Panchayatnama dated 18.06.2012 has been marked as Ex. Ka.-10; Site Plan with Index dated 18.06.2012 has been marked as Ex. Ka-9; and Charge Sheet dated 30.07.2012 ha