GIRDHARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Lal Ji Chaudhari, Amicus Curiae, on behalf of the appellant and the learned A.G.A. for the State of U.P.

(2.) This appeal has been preferred by the appellant Girdhari son of Laldeen Kacchi against the judgement and order dated 22.2.1999 passed by the learned Sessions Judge, Mahoba in S.T. No. 122 of 1999 whereby the appellant has been convicted under section 302 I.P.C. and sentenced to undergo imprisonment for life with a prayer that the impugned judgement and order dated 22.2.1999 convicting the appellant may be set aside and the appellant may be acquitted.

(3.) The facts, in brief, of this case are that the F.I.R. has been lodged by Mukund Madhav Singh (P.W. 1 )at P.S. Charkhari on 30.1.1998 at 10.45 a.m. in respect of the incident allegedly occurred on 30.1.1998 at about 7.30 a.m. According to the F.I.R. the deceased Gulab @ Shiv was daily wage worker of the first informant, Mukund Madhav Pradhan, P.W. 1, as usual on 30.1.1998, was returning after easing from Shamshan Maidan (cremation ground), when he reached near the field of Sarvan at about 7.30 a.m. he was assaulted by the appellant by using Pharsa blow on which he cried and fell down, again he was assaulted by the appellant by using pharsa blow, the first informant, P.W. 1 and Kamlesh P.W. 2 who were also easing there, shouted and ran towards the place of incident to save the life of the deceased, then the appellant escaped towards the village, the deceased was lying on the spot, the deceased was allegedly killed by the appellant because one day prior the incident i.e. on 29.1.1998 the sister of the appellant was taking out the greenery(green fodder) from the field of P.W. 1, the servant of P.W. 1 asked not to take out any greenery, some altercation has taken place between his servant and the appellant Girdhari, on account of this dispute the appellant Girdhari killed the deceased whose dead body was lying on the spot.