RAM PRIT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Ram Prit alias Preetam has preferred this appeal against his conviction u/S. 302, I.P.C. and S. 25(1)(a) of the Arms Act and sentence of imprisonment for life and two years' R.I. respectively as passed by VII Additional Sessions Judge, Gorakhpur on 27-2-1979 in Sessions Trial No. 191 of 1978.

(2.) The charge against the appellant was that on 1-7-77 at about 11 a.m. near the culvert in village Ratanpurwa Tola Kakrahia falling within the limits of police station Campiarganj, district Gorakhpur, along with the other accused Ram Palat (since acquitted) committed murder by intentionally causing death of Girjesh punishable u/S.302, IPC and further that he was found in illegal possession of a country made pistol punishable u/S. 25(1)(a) of the Arms Act.

(3.) The instant case is perhaps yet another instance indicating the class oriented thinking in the villages in spite of living in a free country for the last about 40 years. Tussle between high caste and low caste citizens of this country though gradually waning out appears to be a dominant factor in social relations in the villages of eastern U.P. which has taken one more toll of life. One interesting question of availability of the plea of 'grave and sudden provocation' to the appellant on the peculiar facts of this case will be dealt with a little later.