DEO NARAIN YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.G.A. for the State and perused the material on record.

(2.) This criminal appeal arises out of judgment and order dated 25.11.1982 passed by the Vth Additional and Sessions Judge, Allahabad in Special Case No.166 of 1982, Case Crime No.12 of 1982, under Section 302 I.P.C., Police Station- Nawabganj, District- Allahabad, convicting the appellant (accused) under Section 302 I.P.C. and sentencing him to life imprisonment.

(3.) The prosecution case is that complainant Rajendra Prasad Yadav gave an application dated 27.01.1982 at Police Station-Nawabganj, District- Allahabad alleging therein that he is resident of village Rajapur Mazara Awanikapura. The agricultural plot of applicant and Deo Narain Yadav resident of Rajapur Chaubara Mazara Awanikapura are adjacent and there is enmity between them regarding dismantling of boundary (mend). On 26.01.1982 at about 04 p.m. his father Rameshwar @ Bachai went to the house of Paras Nath to take money. After some time he (Rajendra Prasad) went to call his father where he saw that Deo Narain Yadav armed with his licensed gun was abusing his father and saying that you will not simply settle the dispute of dismantling the boundary (mend) and today you have met me on opportune moment, you will be killed and not spared. On this, my father forbidden him to abuse which further enraged Deo Narain Yadav. Meanwhile, co-villager Kishori Lal asked Deo Narain Yadav not to quarrel. Deo Narain Yadav advanced ahead, Kishori Lal caught hold of him but Deo Narain Yadav jerked him, and Kishori Lal fell down. Then, Deo Narain Yadav due to aforesaid enmity with intention to kill his father fired a gun shot at Rameshwar Prasad on his head, some portion of skull of my father's blow off and brain material came out and my father died on the spot. On hearing noises witness Kallu from southern side and many other co-villagers making exhortation reached the spot. Accused Deo Narain Yadav threatening all of them with death ran away towards East. Due to extreme cold, rain, darkness and due to fear, I have come to the police station today morning with co-villagers for giving information written by Doodhnath. The dead body of my father on the spot is being guarded by village Chowkidar Mahrani Din.