JHALLAR Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. This appeal has been filed by Jhallar against his convic tion under Section 302 read with Section 301, I. P. C. and the sentence of imprisonment for life there under as also under Section 307, I. P. C. and the sentence of 10 years R. I. passed by the Additional Sessions Judge, Fatehpur on 5-10-1978 in S. T. No. 121 of 1978.

(2.) THE charge against the appellant was that on 3-3-1977 at 6. 00 p. m. in village Naraini, P. S. Kishanpur, district Fatehpur, he did commit murder of Dakauli D/o Sughar Mai of village Naraini, P. S. Kishanpur by intentionally causing the death of Dakauli and thereby committed an offence punishable under Section 392 read with Section 301, I. P. C. In the same incident he fired with pistol at Lalman son of Jagdish with intention that if by that act death was caused to Lalman he would have been guilty of murder and thereby com mitted an offence punishable under Section 307, I. P. C.

(3.) THE injuries of Lalman were X-rayed and it was confirmed that he had gun shot injuries.