BALVINDER SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) We have heard Sri Manoj Kumar Yadav, holding brief of Ms. Manju Yadav, learned counsel for the appellant and Sri Pankaj Saxena, learned A.G.A., for the State.

(2.) This appeal is against the judgment and order dtd. 19/6/1991 passed by VIth Additional Sessions Judge, Bijnor in Sessions Trial No. 445 of 1990 convicting the appellant under Sec. 302 I.P.C. and sentencing him to imprisonment for life.

(3.) The prosecution case, as per the first information report (Ex. Ka-1) which has been lodged on oral information provided by the father of the deceased, namely, Harbansh Singh (PW-1), is that deceased Arjun Singh was his younger son. The informant had partitioned his property as per which, his elder son i.e. the accused- appellant Balvinder Singh got equal share as provided to the deceased Arjun Singh, but he was not happy with the share he got and therefore, he bore enmity with the deceased Arjun Singh. It is alleged that on the date of incident i.e. 1/6/1990, at about 8.00 am, the informant (PW-1) went with his daughter Jasveer Kaur (PW-3) to the field where he noticed his help Harphool (not examined) in a petrified state. Immediately thereafter, the informant noticed that the accused-appellant was assaulting the deceased with an axe. It is alleged that as the informant and his daughter raised an alarm, after inflicting several blows on the neck and other parts of the body of the deceased, the accused appellant ran away whereas the deceased fell and died on the spot.