SANTOSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri R.B. Sahai, learned counsel for the appellant, Sri Vikas Singh, learned counsel for the complainant and Sri Akhilesh Singh, Learned Government Advocate assisted by Sri Anand Tiwari, learned AGA for the State.

(2.) THE accused appellant was put to trial by the Sessions Judge, Fathepur in Sessions Trial No. 508 of 1983 for an offence under Section 302 IPC. He was found guilty and was convicted and sentence to imprisonment for life under Section 302 IPC by the Sessions Judge, Fatehpur vide judgment and order dated 17.10.1984.

(3.) THE prosecution case was that on 29.10.2013 at about 8 P.M., the informant alongwith Jai Karan, son of Banshidhar were returning home after easing themselves. The father of the informant was coming out of his house through the main door and simultaneously, accused Santosh Kumar came out of the house of his aunt Ram Kali. The accused was carrying a gun and a 'mala'(garland) of cartridges. By that time, the informant and Jai Karan reached in front of the house of the victim. The accused Santosh Kumar fired two shots one after the other at the father of the informant. The fire struck at the chest of the victim Rameshwar. They witnessed the incident in the light of torch and a lantern which was kept on the chabutra of the house of the informant. It was stated in the FIR that there was a dispute between his father Rameshwar and neighbour Ram Kali over the water of the 'Nabdan' of the house of Ramkali flowing towards the land of Rameshwar. His father Rameshwar warned Ram Kali on several occasions that the water of 'Nabdan' should not flow through his land but the accused and his aunt did not pay heed to him, rather they stated that the land belonged to them. Two -three days prior to the incident, accused Santosh Kumar threatened Rameshwar deceased with dire consequences. The accused ran away after firing two shots at the deceased carrying his gun and 'mala' of cartridges.