GANGA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeal challenges judgment and order dtd. 17/4/1979 passed by the VIth Additional Sessions Judge, Fatehpur, in Sessions Trial No.287 of 1978, whereby the learned VIth Additional Sessions Judge, Fatehpur has convicted the accused-appellant, Ganga Ram for commission of offence under Sec. 302 of Indian Penal Code, 1860 (for short 'IPC') and sentenced him to life imprisonment.

(2.) Heard Sri Radheshyam Yadav, learned counsel for the accused-appellant and learned A.G.A. for the State.

(3.) Brief facts of the case are that the deceased, Bhanna @ Manna Yadav was the resident of village Budhramau, Police Station Asothar, District Fatehpur. The accused Ganga Ram is the son of elder brother of the deceased and their houses are adjacent to each other. On 7/4/1978, there was a quarrel between the deceased and the accused because the goat of the accused had entered in the field of the deceased and grazed the crop. On 8/4/1978, in the evening , deceased Bhanna was milking the buffaloes at the door of his House. His daughter, Km. Meena, the complainant/informant (P.W.-1) was also standing in front of the hutment of Islam and was talking to Sheo Bhajan (P.W.-3). Bhulli (P.W.-2), the nephew of the deceased was also sitting at the door of the deceased. All of sudden, the accused armed with a Pharsa came from his house and started attacking the deceased. On receiving the first blow, the deceased fell down on the ground and was further attacked by the accused. When he was almost dead, the accused left and ran away towards south of the village. Bhanna immediately died and his dead body was placed on a cot inside the Chaupal.