KALLU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal has been filed impugning the judgment dtd. 31/8/2007 of the High Court of Judicature at Allahabad in Criminal Appeal No. 2003/1982 vide which the conviction and sentence of Malkhan, Kallu and Mata Din was upheld.

(2.) The incident took place on 27/3/1982 at about 3.10 p.m. On account of murder of Durga, FIR was registered against the aforesaid three accused. The Trial Court, vide judgment dtd. 6/8/1982 convicted them under Sec. 302 IPC and sentenced to undergo imprisonment for life. The judgment and order passed by the Trial Court was upheld by the High Court.

(3.) The case of the prosecution is that the son of deceased Malkhan, his grandson Kallu, along with one Mata Din committed murder of Durga. Ram Prasad, Jaila and deceased Durga were sons of Bharose. As per the material available on record, the reason of fight is property dispute. As per the prosecution, on 27/3/1982, Mullu PW-1, Phoola PW-2, and Durga at about 6-7 a.m., had gone to Kawar Haar to cut the crops. They worked in the field till around 11 a.m.-12 p.m.. At around noon, Malkhan, Kallu and Mata Din, accused persons, came there armed with axe and sickle and started cutting crops. On an objection raised by Durga to their cutting the crops, Malkhan struck a blow on his neck by his axe. When Durga fell down, all three accused persons started inflicting blows to the deceased. As a result of the attack, he died. (Post mortem report).