DHOOP NATH PANDEY Vs. STATE

JUDGEMENT

(1.) This appeal arises out of judgment dated 21.1.1994, passed by the Special Judge/Additional Sessions Judge, Azamgarh in State v. Dhoopnath Pandey S.T. No. 294 of 1991, by which the Appellant-accused has been convicted under Section 302, I.P.C. and sentenced to imprisonment for life.

(2.) The prosecution case in brief is that the deceased Ram Suresh Pandey was done to death by his brother Dhhoopnath Pandey (Appellant herein) on 9.8.1991 at about 6 p.m. The F.I.R. was lodged by Smt. Shakuntala, the wife of the deceased Ram Suresh Pandey, on the same day at 7.30 p.m. with the allegation that her husband (deceased-Ram Suresh Pandey) and the Appellant Dhoopnath Pandey, who were both real brothers ; were engaged in wordy duel on family matters with regard to a dispute about distribution of land and house. Such dispute is said to have been going on for about four years. The oral altercation between the brothers took place in presence of the father of the deceased (as well as of the Appellant) and certain other persons. It is said that because of intervention of the witnesses ; the quarrel stopped temporarily. As the Appellant continued to call names, the two brothers again started fighting and the Appellant Dhoopnath Pandey then went to his room and brought a gandasa and struck it on the head of the deceased Ram Suresh Pandey with intention to commit murder. The said Ram Suresh Pandey fell down on the ground and died on the spot without getting any medical help. On the basis of such complaint, a case under Section 302, I.P.C. was registered against the Appellant. After investigation, a charge-sheet was filed by the police. Since the Appellant denied the charges and pleaded innocence, he was put to trial.

(3.) During trial, besides other formal witnesses the prosecution examined the informant, Smt. Shakuntala as P.W. 1, the father of the deceased (as well as the Appellant) Sri Laxmi Das as P.W. 2 and another eye-witness Ram Pujan Verma as P.W. 8. In his statement under Section 313, Code of Criminal Procedure. the Appellant had denied the prosecution case and stated that he had been falsely implicated. However, he did not produce any evidence in defence. Relying on the oral testimony of the eye-witnesses as well as the medical evidence adduced by the prosecution, the trial court convicted the Appellant and sentenced him to imprisonment for life. Challenging the said judgment, this appeal has been filed.