KUNWAR SEN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Kunwar Sen has been convicted under Section 302, IPC and sentenced to imprisonment for life vide judgment and order dated 26-8-1980 passed by the then III Addl. Sessions Judge, Mainpuri in S.T. No. 608 of 1979, for committing the murder of Rajvir.

(2.) Deceased Rajvir was a resident of village Akola, Appellant Kunwar Sen is resident of village Bhagner. These two villages adjoin each other. Kharja Nala separates them.

(3.) The case of prosecution in brief is that on 24-9-1979 the first informant Lala Ram was giving bath to his bullocks at about 12 noon in the aforesaid Kharja Nala near the culvert. Rajvir deceased also arrived on the culvert from the side of Bhagner. He was followed by appellant Kunwar Sen and his son Man Singh. They were accusing Rajvir of stealing his maize . The deceased felt offended of this accusation which resulted in exchange of abuses and hot words. It is alleged that appellant Kunwar Sen then fired upon Rajvir and the shot hit in the lumber region of his stomach. After receiving the fire arm injury the deceased ran for some distance and ultimately fell down in the 'usar' near the field of Raghuveer. Both the accused persons then fled away towards village Bhagner. This incident was also witnessed by Mahesh Chandra, Hori Lal and Indrapal.