MEGH NATH Vs. STATE

JUDGEMENT

(1.) PRESENT ap-,Appeal has been filed against the judge­ment and order dated 8.6.1984 passed by the Sessions Judge, Nainital, con. victing the accused-appellant for the of­fence punishable under section 302 LPC. and sentencing him to undergo imprisonment for life.

(2.) BRIEFLY stated the facts giving rise; to the present appeal are that on 2.6.1983 at about 4.00 PM. Komil Ram, Harish Ram, Jagdish and Smt. Munni Devi were sitting outside the house under a mango tree. At that time accused Megh Nath armed with a gun and a belt of cartridges carne there and started filthy jocks with Smt. Munni Devi. When Jagdish objected the ac­cused, exchange of hot words took place between Jagdish and accused Megh Nath. Accused loaded the gun and aimed on Jagdish. On seeing this Jagdish ran away from that place and accused chased him. Komil and Harish Ram also followed them. They were about 100 paces behind accused Megh Nath. After covering a distance for about one furlong Jagdish stopped and opened the buttons of his shirt and stated something to the accused. On this the accused fired gun shot and Jagdish succumbed to the gunshot injury instantaneously. Accused Megh Nath then ran away. Komil Ram and Harish chased him and with the help of Jwala Singh and Dalip apprehended him.

(3.) THE accused was charged for the offence punishable under section 302 I.P.C. He pleaded not guilty and claimed to be tried.