BACHCHA LAL NISHAD Vs. STATE OF U P

JUDGEMENT

(1.) ACCUSED appellant -Bachcha Lal Nishad has preferred this criminal appeal challenging the judgment and order dated 6.1.1995 passed by Second Addl. Sessions Judge, Allahabad in S.T. No. 67 of 1993, State Vs. Bachcha Lal Nishad, by which he has been convicted and sentenced to life imprisonment under section 302 IPC and two years' RI under section 3(1)10 of S.C./S.T. Act. Both the sentences have been ordered to run concurrently.

(2.) WE have heard Sri A.K.Awasthi, Amicus Curiae for the appellant and Mrs. Usha Kiran, learned A.G.A. and perused the record.

(3.) THE impugned judgment has been assailed on the ground that learned sessions Judge has not fixed the place of occurrence which has been changed according to statement of P.W.1 Chandra Deo Gautam, P.W.2 Smt. Kamla Devi and P.W.5 IO B.N. Singh Yadav, who prepared the site plan. It is also assailed on the ground that trial court has not considered the possibilities and circumstances in favour of the appellant and conviction of the appellant is against the weight of evidence on record which is not only bad in facts but also in law. It is also stated that sentence awarded to the appellant is too severe.