LAWS(ALL)-1990-8-31

INDRA DEVA IN JAIL Vs. STATE

Decided On August 18, 1990
INDRA DEVA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Indra Deva, sole appellant, stands convicted under Sec. 304, Part I of the Penal Code with a sentence of rigorous imprisonment for a period of 5 years, per judgment and order dated the 8th of June, 1982 passed by the, then, Sessions Judge, Barabanki in Sessions Trial No. 53 of 1981. It would not be out of place to mention here that trial commenced on a charge of murder punishable under S. 302 of the Penal Code, the provisions of which were, however, found to be not attracted as a consequence whereof the appellant was acquitted on that charge but was found guilty for committing offence of culpable homicide not amounting to murder, as stated above.

(2.) There was a big plot numbered as 784 in village Bamhaura Lodi within police circle, Udaipur, district Bara Banki. The area of this plot was about 24 and a half bighas and it was known as 'Jheel-ki-Zamin'. It lies within the territorial limits of Gaon Sabha Nirwan Nagar. Yet another plot bearing number 792 known as 'Jungle-ki-Zamin' also falls within the limits of the said Gaon-Sabha and is located in the same village. Proceedings for allotment of land of these two plots were initiated and the same finally terminated sometime in January, 1976, Pattas of these two plots were given, according to law, to different persons. One of the them was Sheo Poojan (deceased) and another was Fakir Chand, father of the appellant. Each was allotted 1 bigha land in 'Jheel-ki-Zamin', i.e. plot No. 784. These facts admit of no controversy; they are clearly borne out from the evidence of Lekhpal, Jageshwar Prasad (PW 5).

(3.) In this background that the deceased Sheo Poojan had been allotted 1 bigha land in 'Jheel-ki-Zamin' by the Gaon Sabha and Fakir Chand (father of the appellant) was allotted an equal area of land of the same 'Jheel-ki-Zamin' we may come to the prosecution case which, in short. is to the effect that while Sheo Poojan (deceased) and P.W. 2 Ram Autar were ploughing a piece of land, which is admittedly, in 'Jheel-ki-Zamin' (plot No. 784) on the 28th of January, 1980, the appellant, Indra Deva reached there at about 2 p.m. and impressed upon the deceased and his brother Ram Autar that the land which was being ploughed, belonged to him. He, therefore, insisted that the act of ploughing be given up. The deceased and his brother, on the contrary, maintained that the land was allotted to them by the Gaon Sabha. There was exchange of hot words and user of filthy epithets, which was immediately followed by delivery of a blow given by the appellant by a Kudal, which landed on the neck (right portion) of Sheo Poojan causing an injury, which proved fatal and the death was immediate. The prosecution claims that the appellant bolted away immediately thereafter leaving his 'Kudal' on the scene of occurrence.