(1.) KHEM Karan, J. This jail appeal, by sole appellant Babu Lal, is directed against his conviction under Section 302 of Indian Penal Code and the sentence of life imprisonment thereunder, recorded by the learned IV Addl. Sessions Judge, Sultanpur in S. T. No. 318 of 1996.
(2.) THE occurrence is of 16-7-1996 at about 12. 00 in the noon. THE deceased Ram Dular was son-in-law of First Informant Murli (now dead) and the appellant Babu Lal is son-in-law of Mani Ram, real brother of Murli. It has been hinted that the appellant was suspecting illicit sexual relationship between his wife and deceased. At the relevant time, Ram Dular was sleeping on a cot, in osra (outer space of the house) of Murli. THE First Informant Murli also lay near to him, on a different cot. It is said that the appellant, who was also in the village on that day, reached there and gave knife blow to Ram Dular and on the alarm raised by him and his father-in-law Murli, Sri Ram (PW. 2), Goli (PW. 3) and others rushed to the spot and all of them succeeded in arresting the appellant, while attempting to run away. THE weapon of offence, namely knife (Ext. 1) was recovered from him.
(3.) THE accused pleaded not guilty to the charge under Section 302 of IPC, so the prosecutor adduced oral as well as documentary evidence to prove the same. THEre was no evidence in defence. THE First Informant, Murli could not be examined as he died, before the recording of prosecution evidence could commence.
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