CHANDRA SHEKHAR TEWARI Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 9/02/1979 passed by Sri. R. C. Gupta, III Additional District and Sessions Judge, Deoria in Sessions Trial No. 301 of 1976 (State v. Chandra Shekhar Tewari and two others) under S. 302 and 302/34, I.P.C. P. S. Kaptanganj, District Deoria.

(2.) The case of the prosecution, as was unfolded in the evidence of Vishwanath Shukla (P.W. 3) and other witnesses, may briefly be stated as follows :-

(3.) Dhruv Shukla, the deceased was the real brother of Vishwanath Shukla (P.W. 3) Plots Nos. 483, 484 and 485 of village Kusmha were owned and possessed by the deceased, Dhruv Shukla and his brothers. These plots were not demarcated inter se and formed one whole plot. Only one Nali for water passed through these plots. In the morning of 30-6-1976 the deceased was getting the above plots ploughed through two ploughmen, Akalu (P.W. 1) and Jhinnu (P.W. 2). Vishwanath Shukla (P.W. 3) was picking the grass nearby. The deceased was sitting upon the western boundary of the plots. At about 7.30 a.m. the appellant, Chandra Shekhar Tewari, armed with gun and accompanied by Pyare and Arvind reached there. Pyare and Arvind were armed with Lathis. The appellant asked the deceased to stop ploughing of the plots. When the deceased questioned the appellant as to why the ploughing should be stopped, Arvind and Pyare threatened him. While the matter was being discussed, the witnesses Ram Das, Bhikhari, Vishwanath and others came there. The deceased gave out that whosoever would win in the case would cultivate the crop. The appellant did not pay any attention and went near the ploughmen and asked them to stop ploughing the field. The deceased got up from the boundary and proceeded towards the appellant. The appellant fired a shot from his gun which hit the deceased. The deceased fell down and died instantaneously. Thereafter the appellant and his two colleagues went way. A written report (Ex. Ka1) of the occurrence was lodged by Vishwanath Shukla (P.W. 3) in P. S. Kaptanganj at 9.25 a.m. on the same day.