VISHWA NATH Vs. STATE OF U P

JUDGEMENT

(1.) -Appellant Vishwa Nath has preferred this appeal against the judgment and order dated 30.1.1981 passed by Ist Additional Sessions Judge, Mainpuri, in Sessions Trial No. 178 of 1980, convicting the appellant under Sections 302 and 307, I.P.C. and sentencing him to undergo life imprisonment under Section 302, I.P.C. and R.I. for a period of 7 years under Section 307, I.P.C. Both the sentences were ordered to run concurrently.

(2.) THE prosecution story, briefly stated, was that appellant Vishwa Nath is the real brother of Vijai Bahadur (since acquitted by the trial court) and son of Machley (since acquitted by the trial court) and resident of village Pundari, P. S. Ailau, district Mainpuri. Suresh Chandra (P.W. 4) is real brother of Ramesh (P.W. 5) and Jagdish (P.W. 6). THEy are real nephews of Machley and cousin brothers of appellant Vishwa Nath. Smt. Maharani deceased was mother of Suresh Chandra (P.W. 4), Ramesh (P.W. 5) and Jagdish (P.W. 6). THE house of Vishwa Nath appellant was situate towards north of house and shop of Ahsan Khan ((P.W. 10). Suresh Chandra (P.W. 4) had his house towards west of house of Machley. In between the two houses, there was open land and a 'chabutara'. Ahsan Khan (P.W. 10) was running a grocery shop in front portion of his house.

(3.) THE injured persons were sent to District Hospital, Mainpuri, where they were medically examined by Dr. A. N. Saxena (P.W. 2) between 7.45 a.m. and 8.30 a.m. Dr. Saxena found following injuries on the person of respective injured : Injuries of Megh Nath