MAIKU Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by Maiku against the judgment and order dated 4.9.1979 passed by VI Addl. Sessions Judge, Allahabad in Sessions Trial No. 300 of 1978 whereby the appellant stands convicted under section - 302 IPC and sentenced to imprisonment for life. The charge against the appellant was that in the night between 14/15 -3 -1977 at about 5.30 A.M. in village Buxi More, police -station -Dhumanganj, Allahabad he committed the murder of Chhotey Lal by intentionally causing his death by firing at him and thereby committed an offence punishable under Section 302 IPC.

(2.) IN short, the prosecution case is that Chhotey Lal, the deceased in the instant case, was in the employment of Zainuddin in village Buxi Mora, Police Station/Dhumanganj. Chhotey Lal's brother Banshi Lal and his son Maiku appellant had litigation concerning the agricultural land and it is that Chhotey Lal deceased had obtained a decree relating to that property and that happend to be the bone of contention between the appellant and the deceased. The said Zainuddin had his field and tubewell in the neighborhood of the plots of Chhotey Lal. It is said that in the night between 14/15 -3 -1977 the said Zainuddin along with P.W. 1 Mohd. Shami and P.W. 2, Abdul Quddus were sleeping in the tubewell of Zainuddin while Chhotey Lal, deceased was sleeping at his Khalihan near the tubewell at a distance of 4 or 5 steps. At about 5.30 in the morning Zainuddin and the two eye -witnesses got up on hearing firing shot and when they came out of the Tubewell they saw that appellant Maiku fired a second shot with his country made pistol at Chhotey Lal. The appellant was challenged by those three and he escaped towards southern side. Chhotey Lal succumbed to his injuries then and there on the cot.

(3.) DR . A.B. Lal, P.W. 4 conducted post mortem examination on 16.3.1977 at 3 P.M. and found the following ante mortem injuries on the dead body of Chhotey Lal: - -