SRIKANT PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) This appeal from Jail by accused appellant Sri Kant Pathak son of Deo Chand Pathak is directed against his conviction under Section 304 I.P.C. and sentence of life imprisonment awarded by the Sessions Judge, Ghazipur by an order dated 23-11-1977 in S.T. No. 131 of 1977.

(2.) The facts giving rise to the conviction and appeal may briefly be narrated as under:

(3.) There was some altercation between the accused Sri Kant Pathak and one Pradip, son of Teju Kamkar in the presence of his sister Km. Sumitra Kumari wherein Sri Kant is said to have given some beating to Pradip under an impression that Pradip had stolen some of his grains. Kesho Prasad and Krishna Mohan Gin and some other lads intervened and got Pradip released. Coming to know to this incident, wife of Teju and mother of Pradip went to the house of Sri Kant after some time to protest against the action of Sri Kant. There was some exchange of hot words and in the meanwhile Smt. Sunri, an aunt of Kesho Prasad uttered a sentence Maru Re Chandra Deoua Ke Doglawa Ke man Barh gail ba, meaning that bastered son of Chandra Deo had become very proud and be beaten. The accused is the son of Chandra Deo. Upon this, the accused is said to have gone inside the house and came back with a Gandasa and holding Smt. Sunri assaulted in her neck causing her death almost instantenously. The others standing thereby got frightened and could not catch hold of him.