STATE OF U P Vs. NIRHU

JUDGEMENT

(1.) -Nirhu and his son Mast Ram were tried for the offence under Sections 302 and 302/34, I.P.C. and acquitted in S.T. No. 322 of 1980. The judgment and order was passed by the then Sessions Judge, Basti on 30.3.1981. This appeal has been preferred by the State of U. P.

(2.) SRI R. S. Maurya, learned A.G.A. and SRI Siddharth Saran brief holder of SRI Govind Saran, learned counsel for the accused-respondents have been heard and the record of the case has been carefully perused.

(3.) THE two accused as well as the deceased lived in village Daulatpura. THE house of the accused is towards west of the house of the deceased at a distance of 15 paces. Some quarrel took place at the date, time and place as alleged by the prosecution is admitted to the defence. Accused Nirhu has stated that he went to get the matter subsided. THE deceased assaulted him due to which his hand was cut. Accused Mast Ram has stated that when the deceased Hari Ram started assaulting his father by pharsa, he struck the deceased by spear in self-defence. However, he did not know that the deceased would die. Accused Nirhu has further stated that the written report was got written by the Investigating Officer in the village. He has also stated that the Investigating Officer rubbed the pharsa in his hand and got the same blood stained.