INDRASAN Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. This appeal has been preferred by one Indrasan who has been convicted under Section 302 IPC and sentenced to rigorous imprisonment for life by judgment dated 20-8-1981, passed by Sri D. P. Srivastava, the then 5th Additional Sessions Judge, Gorakhpur in Sessions Trial No. 93 of 1980.

(2.) THE arguments were advanced in part on behalf of the appellant on 18-2-2003 by Sri Sharad Srivastava holding brief of Sri P. P. Srivastava, learned counsel for the appellant. On the date fixed for conclusion of arguments (12-3-2003), none appeared from the side of the appellant who is represented on record by the said Sri P. P. Srivastava, Advocate. We have heard Sri A. K. Verma, learned A. G. A. from the side of the State and propose to decide the appeal on merits.

(3.) THE defence was of denial and of false implication due to enmity. THE accused appellant further stated that when Harindra Singh was THEkedar of grass of Gausadan, he used to look after the affairs of Gausadan on his behalf. Govarpal, the witnesses of the case and the villagers often used to graze their cattle in the grass of Gausadan and he used to hand over their cattle at the cattle pond. According to him, they started nursing grudge against him resulting in false implication in this case.