DIN DAYAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a Criminal Appeal filed against the judgment and order dated 1.6.78 passed by the Sessions Judge, Hamirpur in Sessions Trial No. 274 of 1977 convicting the appellant Din Dayal under Sec. 302 I.P.C. and sentencing him to imprisonment for life

(2.) The prosecution story, in nut-shell, is that the complainant Moti Lai had gone to weed his Kodo field situate in the Har of Village Tola Patar, P. S. Mahobknath, district Hamirpur at abut 8 A.M. on 4.9.77. While the deceased Mata Din was coming to the said field at about 1.P.M., he saw the accused grazing his cattle in his parti land lying in the south of the said Kodo Plot. Mata Din asked the accused to take away his cattle from the said field. The accused Din Dayal became annoyed and started assaulting Mata Din with his lathi. On the alarm being raised, the complainant P.W. I Moti Lal who is real brother of the deceased, P.W. 2 Bhagirath as well as Bihari and Jassi who were grazing their cattle nearby also rushed towards the scene of occurrence but the accused managed to run away.. All of them are said to have gone near Mata Din who was found dead. He was said to have received several injuries over his body.

(3.) The complainant P.W. 1 Moti Lal went to the P. S. Mahobkanth where an oral F.I.R. was lodged by him at 4.14. P.M.