GHASEETA Vs. STATE OF U.P.

JUDGEMENT

(1.) The accused-appellant Ghaseeta has preferred this appeal against his conviction and sentence of life imprisonment under Section 302 I.P.C. for the murder of one Buddhu son of Ramnath vide judgment and order dated 18.03.1996 of the Sessions Court, Hamirpur in Sessions Trial No. 132 of 1992.

(2.) Ramnath, the father of the deceased Buddhu lodged a First Information Report on 13.03.1992 at Police Station Sumerpur, District Hamirpur that at about 5.00 PM in the evening, when he along with his son Buddhu was cutting crop on the field of one Radhey Shyam Paliwal, the accused-appellant Ghaseeta who was also there and cutting the crop entered into quarrel with his son and fired at him with a "tamancha" whereupon his son fell down. On hearing the sound of the gunshot, people from adjoining fields and Radhey Shyam Paliwal himself came to the spot. He took his son in the tractor of Radhey Shyam Paliwal towards police station but he died on way.

(3.) The crime was investigated by the Station House Officer J.P. Yadav. The deadbody was sent for postmortem that was conducted on 14.03.1992 at about 3.30 PM by Dr. N.K. Gupta. The postmortem report (Exhibit Ka-10) indicates two ante-mortem wounds, one of entry of bullet into the stomach and the other of exit. The doctor opined that the deceased was aged about 20 years and that he died a day earlier by a firearm wound.