JAGNNATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri Ghan Shyam Das and Sri Sanjeev Kumar Yadav, learned counsel for the appellants and Sri Ajeet Ray, learned A.G.A. for the State.

(2.) This appeal has been preferred against the judgement and order dated 31.01.2001 passed in Session Trial No.481/90, arising out of Case Crime No.242 of 1990 by which learned Additional Sessions Judge, IVth (Room No.4), Allahabad, convicting the appellants, under Section 302 I.P.C. read with Section 34 I.P.C. has sentenced them to life imprisonment.

(3.) According to prosecution version Ram Harsh had dismantled the Medh of the informant Jagannath in the evening a day before the incident on 08.10.1990 and his son Santosh Kumar had stayed on the filed to mend the Medh when Ram Harsh his son Jagannath and Nanka @ Ram Swaroop had an altercation with his son. On that day his son came to his house and on 08.10.1990 at 6:00 a.m. in the morning when his son Santosh Kumar had gone towards west side of the village to respond the call of nature, Jagannath having licensee gun of his father, Nanka @ Ram Swaroop and Jagatpal son of Ram Padarath Patel having country-made pistol of 315 bore went to his son and surrounding him, fired shot at him due to the incident of the previous day on account of which he died on the spot. The incident has been witnessed by Babu Lal son of Ram Bharosh Patel, Ram Jatan son of Ram Garib Patel, Ram Newaj son of Mahajan Patel, resident of Kashimpur Juda @ Moosepur, Police Station Nawabganj, District Allahabad.