LADDAN @ ISHAQ Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal is against the order of Sri B.B.L. Hajelay, Sessions Judge, Rampur dated 21st March 1983 in Sessions Trial No. 169 of 1982; State of U.P. Vs. Laddan @ Ishaq convicting the accused u/section 302 I.P.C. and sentencing him with imprisonment for life.

(2.) Heard the learned counsels for the parties. Sri Rahul Misra, holding brief of Sri P.N. Misra, learned Sernior counsel for the appellant and Sri Anand Tiwari, learned counsel appearing for the state.

(3.) A perusal of the record shows that the prosecution story as set up in the F.I.R. is to the effect that Santram, Jhajhan (deceased) and Karan Singh were the real brother who were doing the business of selling of Poolas of Maize (as fodder). As per the prosecution, a day before the incident i.e. 7th July 1982 an altercation took place with regard to the sale and purchase of fodder between Laddan @ Ishaq, the present accused appellant and the deceased. It has further come up that regarding the said altercation which occurred a day before the incident, Prashadi Lal, PW-2 and Jhau Ram, PW-2 were the eye witnesses and it is said that on the said date i.e. 7th July 1982 the accused applicant after altercation had left the place saying that he would be seeking his revenge; that the very next day at about 05.15 p.m. in the evening Laddan reached the place of occurrence and while the deceased Jhajhan was sitting on the Thela, Laddan in the presence of the first informant i.e. Sant Ram told his brother Jhajhan ^^vkt rqegsa fBdkus yxk nsaxs^^ and saying this, he took out his tamancha from his Penth and fired upon his brother Jhajhan who as a result of injury fell down and died, with regard to which occurrence the FIR had been lodged.