VIJAY PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) THE chal­lenge in this appeal is the judgment and order dated 9.11.1982 passed by 3rd Addi­tional Sessions Judge, Fatehpur, in ST No. 271 of 1981 convicting and sentencing the appellant under section 302 IPC for the life imprisonment.

(2.) THE prosecution case as gleaned from the FIR lodged at the police station Asother, District Fatehpur by the injured (Informant) Baij Nath on 1.2.1981, at about 2:45 p.m., is that, he was issueless and he used to reside with Shiv Balak son of his cousin. He executed a sale-deed for two Bighas of his agricultural land in favour of cousin, Shiv Balak. Later on, he started living with his real brother, Dwarika and had executed a Will of his remaining prop­erty in favour of his sons, namely, Vijay Pal (accused-appellant) and Babu Lal on 28.8.1978. After some gap of time, when he started feeling inconvenient in residing along with his brother, Dwarika, he left him and again started living with Shiv Balak for about one and a half years before the date of incident. It is further alleged that two months before the incident, he sold his residential house and 18 Biswa of agricultural land by executing a sale-deed in favour of Mahadeo son of Shiv Balak, the cousin. On account of this, his real nephew, Vijay Pal, accused-appellant got annoyed and started harassing him. It is further al­leged that two days before the incident the accused-appellant asked him to execute the sale-deed in his favour of remaining im­movable property else he should not trans­fer his land to others in the aforesaid man­ner. On this, he kept silent and did not ut­ter a word. The accused-appellant ex­pressed his view that he would get his en­tire land after finishing him.

(3.) SOON thereafter the injured was taken to the police station where he re­ported this incident orally. Head Constable, Ishwar Deo Singh (PW-6) registered the offence under section 307 IPC, prepared the chik FIR (Ex Ka-1) and relevant GD Entry (Ex Ka-2) and then sent the In­jured/Informant to the hospital for the treatment and medical examination. Infor­mant/Injured, Baij Nath lost the battle of his life on the way to the hospital, conse­quently, offence was altered to sections 302 IPC from 307 IPC vide GD Entry (Ex Ka-3).