NANHEY Vs. STATE

JUDGEMENT

(1.) Heard Sri Pramod Kumar Pandey, learned Amicus Curiae for the appellant and Mrs. Archana Singh, learned AGA for the State.

(2.) This jail appeal is directed against judgment and order dtd. 22/7/2005, passed by the Additional Sessions Judge/ Special Judge, Budaun in Sessions Trial No. 29 of 2003, State vs. Nanhey whereby the appellant has been convicted under Sec. 302 read with 34 IPC, in Crime No.123/98, Police Station Islamnagar, District Budaun and consequently sentenced to life imprisonment.

(3.) As per the prosecution version the first informant (PW-1) was cleaning drain in front of his house during morning when accused appellant Nanhey alongwith his brothers Nanki and Kalicharan objected to the waste water being discharged in their drain. The father of first informant (the deceased) is stated to have told the accused party that dirty water was being discharged in this fashion, from before, on which the accused persons got enraged and started abusing the informant's father. This was objected whereafter the accused appellant Nanhey stabbed the deceased in his abdomen while Nanki and Kalicharan hit him by Lathi and Danda (stick - a blunt object). The incident is said to have occurred at 6.00 am. On raising alarm by the brother-in-law of the informant, who was also present, Mahipal and certain other persons saw the incident and the accused persons fled. On the basis of such written report given by PW-1, the first information report under Sec. 307 IPC was registered at 7.40 am on 11/5/1998.