GIRISH SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dtd. 31/10/1984 passed by IV Additional Sessions Judge, Ghazipur, in Session Trial No.37 of 1984, State Vs. Girish Singh, arising out of Case Crime No.76 of 1983, under Sec. 302 I.P.C., Police Station- Khanpur, District- Ghazipur whereby the appellant Girish Singh has been sentenced to life imprisonment.

(2.) Heard Mr. Rajrshi Gupta, Mr. Rahul Yadav and Jai Prakash Singh, learned counsel for the appellant, Mr. Om Prakash, Mr. Alok Kumar Tripathi, Mr. Sunil Kumar Tripathi and Mr. M.P. Singh Gaur, A.G.As. for the State and perused the record.

(3.) The prosecution story as unfolded through the record reflects that one Rani Devi wife of late Jainath Singh, resident of Village Nayakdih, Police Station Khanpur, District Ghazipur, lodged the written report at Police Station Khanpur on 19/6/1983 at 7:45 a.m. regarding some incident that took place yesterday night at 11:45 p.m. in village Nayakdih which was 9 kms. away from the police station Khanpur, with the description that the informant is the resident of within Police Station Khanpur. Her nephew Ramagya Singh son of Dashrath Singh was not having any issue and had given his landed property to the son of his uncle, Ujagir Singh, Shriraj Singh, Giriraj Singh by way of the Will. It so happened that for the last one year, there was some dispute with Shriraj Singh, therefore, the deceased Ramagya Singh began to reside with the son of his uncle, Jairaj Singh. Some property was sold out by the deceased and the sale consideration was given to Jairaj Singh due to which the accused were inimical with the deceased.