SANKATH PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from a judgment and order of a Division Bench of the High Court of Judicature at Allahabad dated 5 September 2017. The High Court, by its decision, dismissed Criminal Appeal No 2546 of 1987 filed by the appellant in order to challenge his conviction of an offence under Section 302 of the Indian Penal Code 1860 [IPC] by the IIIrd Additional Sessions Judge, Fathepur in Sessions Trial No 59 of 1986. The appellant was sentenced to imprisonment for life.

(3.) The incident in question is alleged to have taken place at 8.45 am on 25 August 1985. Gaya Prasad (PW 1), who is the complainant, was returning home after answering a call of nature. When he reached the disputed plot while passing through the Chak road, he noticed that Durga Prasad, the brother of the appellant, was getting a mound dug with the help of two labourers, one of whom was Ram Nath (PW 2). When the complainant objected, Durga Prasad is alleged to have stated that he was not committing any wrong. At that point, the appellant intervened in the altercation and there was an exchange of words. The appellant rushed to his house and returned with a country made pistol. While he was aiming a shot at the complainant Gaya Prasad (PW 1), Uma Shanker, the son of the complainant, caught hold of the appellant from behind. The appellant managed to free himself and shot Uma Shanker who fell down as a consequence of a fire arm injury. Uma Shanker succumbed to his injuries.