DAN BEHARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against order of conviction and sentence dated 16-7-1980, passed by 1st Additional Sessions Judge, Mathura, in Sessions Trial No. 164 of 1979, State v. Dan Behari, by which Dari Behari, appellant has been convicted under Sections 301/302, I.P.C. with life imprisonment.

(2.) None appeared for the appellant to advance argument, although he is represented by Sri Tej Pal and Sri G. S. Chaturvedi, Advocates. Arguments of learned A.G.A. were heard and the judgment is being delivered. The appeal is being decided on merits.

(3.) One Than Singh lodged F.I.R. against Dan Behari on 19-2-19.79 at 10.30 a.m. under Section 307, I.P.C. bearing crime No. 85 at police station Vrindavan, district Mathura that Dan Behari had caused firearm injury to his son Budha on 19-2-1979 at 9.00 a.m. The occurrence is said to have taken place near Pattarpura Tonga stand; which is at the distance of one mile from the outpost Mathura Gate, Police Station, Vrindavan.