SATISH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed by Satish against his conviction and sentence under Section 302, I.P.C. to imprisonment for life, passed by the II Additional Sessions Judge, Farrukhabad on 8.8.1984 in S.T. No. 237 of 1983.

(2.) The charge against the appellant was that an 22.1.1982 at about 2.20 A.M. the appellant committed murder with Kulhari (axe) by intentionally causing the death of Lekhraj in village Mubarikpur Tecla falling within Police Station Kannauj, District Farrukhabad.

(3.) The prosecution case is that Shyam Singh, informant, and Satish, appellant, are residents of Mohalla Kashipura Kannauj and the deceased, Lekhraj, was the father of Shyam.Singh, who had his house near the accusedTs father Soney Lals house. About a week ago, from the date of occurrence, Soney Lal sold his house for Rs. 1,500/- to Narain and Balak. The sale deed had not been executed. However, the father of the appellant continued to live in the said house. The Parnala of Lekhraj used to flow towards Soney Lals house. On 21.1.1982 Soney Lal closed the parnala and stopped the flow of water. An altercation took place and due to this an animosity developed between Lekhraj and Soney Lal, as a result of which Soney Lal had threatened Lekhraj that he would see him in future, who (Lekhraj) in turn said that he was prepared to meet him (Soney Lal). However, on 2 1.1.1982 the appellants father, Soney Lal, had vacated the house and went to Kanpur with his family.