ARJUN Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Appellant Arjun has been convicted under Section 302 IPC and sentenced to rigorous imprisonment by Sri S. N. Lal, the then I Addl. Sessions Judge, Azamgarh by the judgment dated 15-1-1981 passed in Sessions Trial No. 218 of 1979. His father Algoo and one Munib (cousin of appellant Arjun) were also tried with him but they were acquitted.

(2.) THE prosecution case, as unfolded from the FIR and evidence adduced in the Court, was that deceased Jagarnath had illicit relations with Panna, sister of the appellant Arjun and it was allegedly the cause of the incident. THE incident occurred on 22-3-1979 at about 7 a. m. in village Para Mobarakpur, P. S. Kopaganj, District Azamgarh. THE report was lodged by Dhannu-father of the deceased the same day at 9. 15 a. m. Dhannu also happened to die after this incident. THE distance of the Police Station from the place of occurrence was 3 miles. Algoo allegedly caught hold of the victim whereas Munib exhorted the real assailant appellant Arjun. Appellant Arjun pierced knife in the chest of the victim who dropped down dead instantaneously. THE deceased's father Dhannu, Gangadhar, Mannu and Banshraj with certain others allegedly witnessed the incident.

(3.) THE defence was of denial and of false implication owing to enmity.