NARAINA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the Additional Sessions Judge, Banda dated 31-3-77 convicting Naraina appellant of an offence under section 302/34 IPC and sentencing him to undergo imprisonment for life.

(2.) LALLU (deceased) son of Gangwa complainant was Karinda of Swami Rama Nand. He also used to look after the crops of Swami Rama Nand. 10 or 12 days before the occurrence the wife of Naraina appellant cut fodder from the filed of Swami Rama Nand. LALLU happend to reach there and took away that fodder from the woman. Naraina felt aggrieved by this conduct of LALLU.

(3.) S. I. Ram Dularay Pandey of police station Tindwari (PW-11) started investigation of the case. He interrogated Lallu and Gangwa in the hospital at Tindwari. He visited the scene of occurrence on 30-10-75 and interrogated Bhaiyadeen, Ram Singh and others. He prepared site-plan. He found blood at the scene of occurrence and took blood stained and simple earth in separate containers.