NANAK Vs. STATE OF U P

JUDGEMENT

(1.) G. Malaviya, J. This appeal has been preferred by Nanak who was convicted under Section 302, Indian Penal Code and was awarded life imprisonment in Sessions Trial No. 567/1978 by the judgment and order dated 7-5- 1979 passed by IIIrd Additional Sessions Judge, Bulandshahr.

(2.) THE First Information Report dated 23-8-1978 lodged by one Jai Pal Singh at police station Chandpur at 6. 15 p. m. mentioned that one Prakash had opened a shop in the village Panchayatghar where undesirable activities had started. This was resented by Bhavi Chand s/o Ram Singh Jatav of the village and the shop at Panchayatghar was got closed. Since then Prakash had a grudge against Bhavi Chand. On the day of the report Bhavi Chand, who was blind, was going towards the east of the village in the fields along with his nephew Man Singh at about 2. 30 p. m. to ease himself. When he reached the miaze fields of Allah Mehar, Prakash along with Nanak appellant arrived. Prakash was armed with a Farsa and Nanak appellant had a knife. Immediately after arrival Prakash said "you blind man you have got my shop closed at Panchayatgahar for which today you would have a lesson". Saying this both Prakash and Nanak started inflicting Farsa and knife injuries on Bhavi Chand. On the alarm raised by Bhavi Chand and Man Singh informant Jaipal as also Chhotey Lal, Anwar and Mahabir of his village as also many other persons arrived there who saw the incident. After killing Bhavi Chand both Nanak appellant and Prakash fled away towards the east. Leaving the dead body in the care of the village people, the informant had come to the police station to lodge the report on which necessary action be taken.

(3.) AFTER the charge-sheet was submitted in the court, the accused denied the charge whereafter he was tried. The prosecution examined PW 1 Jai Pal Singh, PW 2 Anwar Ali and PW 3 Chhotey Lal as eye- witnesses. Out of them Jaipal Singh turned hostile. Other witnesses examined in the case were formal.