INDRASAN Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by the appellant who has been convicted by the Sessions Court as also by the High Court under Section 302 IPC and sentenced to undergo rigorous imprisonment for life.

(2.) The deceased was one Jawahar who was murdered on 14.10.1979 at about 8.00 a.m. in Village Marrie, Police Station Nichlaul, District Gorakhpur. The prosecution story in brief is that in the said village there was a Government Gausadan (a campus with pasture land where cattle are brought up and looked after) spreading over an area of about 562 acres. Within the said area is also located certain residential premises for the employees of the Gausadan. The grasses were also grown in Gausadan and contract of growing such grass in Gausadan was given by the Government through auction and one Harendra Singh who was a contractor was given the said contract. Goverpal Harijan was one of the employees in the Gausadan and on account of his illness, his son Jawahar (deceased) was performing his duties in the Gausadan.

(3.) On 13.10.1979 at about 2.00 p.m. about 30-40 catties including the buffaloes of Goverpal Harijan were grazing in the pasture land of Gausadan. Since they were eating the grasses for which there was a contract, a person on behalf of the contractor Harendra Singh came and collected all the catties including buffaloes and took them to the contractor Harendra Singh. Thereafter, Jawahar and other owners of the cattle went to Harendra Singh and requested him to release their catties. Harendra Singh permitted Jawahar to take away his buffalo and also released the cattle of the other persons.