BARKAT ULLAH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by Barkat Ullah against the judgment and order dated 30-4-1981, passed by the Sessions Judge, Sultanpur, in Sessions Trial No. 41 of 1981, whereby he has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302 I. P. C.

(2.) Shortly stated, the prosecution case runs as under : At the time of the incident, informant- deceased Ram Duularey and appellant Barkat Ullah were residing in village Gosai Ki Maria (Musai Ki Mathia) in Kasthuni West within the limits of Police Station Musafirkhana, District Sultanpur. There was enmity between appellant Ram Dularey on one hand and Khalil alias Khaliq, the daughter of whose brother was married to the appellant on the other. In the litigation, which was pending between them at the time of the incident, the appellant used to do pairvi on behalf of Khalil alias Khaliq. On 4-2-1980, at about 1.00 P. M., when Ram Dularey was returning from Musafirkhana and had reached the Kachhi Road also known as Patnawali Road, the appellant came all of a sudden; started abusing him; and told him that he would kill him. Hearing this, Ram Pratap PW 3, Ganga Deen PW4 and some others came. In the meantime, the appellant inflicted a solitary knife blow on Ram Dularey's stomach, which resulted in intestines protruding out. Thereafter, the appellant ran away. Although Ram Pratap and others made an endeavour to apprehe'nd him but they failed. Thereafter, Ram Dularey proceeded to Police Station Musafirkhana, district Sultanpur and lodged his oral F. I. R.

(3.) The evidence of Head Constable Rajendra Prasad Yadav P. W. 5 shows that on 4-2-1980, he was posted at Police Station Musaflrkhana, District Sultanpur. On the said date, at 2.15 p.m., informant Rani Dularey came to the police station and lodged his oral F. I. R. (Ext. Ka 5), on the basis of which, he registered a case in the General Diary.