RAMESH Vs. STATE OF U P

JUDGEMENT

(1.) MUKTESHWAR Prasad, J. Accused Ramesh son of Kamla Shanker Yadav has preferred this appeal against the judgment and order- dated 15-5-1980 passed by Sri D. C. Srivastava, the then Additional Sessions Judge, Gyanpur, Varanasi whereby he convicted the accused under Section 307 I. P. C. and sentenced him to undergo rigorous imprisonment for a term of four years.

(2.) BRIEFLY stated the facts of the case leading to the prosecution of the appellant were as under:

(3.) ON 7-4-1978, Sarju, and his son Bharat Lal went to attend a marriage in village Mathurapur. After having dinner and enjoying Birha, both father and son returned home at about 1. 30 a. m. and slept on two cots under Neem tree. At about 2. 00 a. m. , on 8-4- 1978, Bharat Lal was stabbed by Ramesh. He raised hue and cry. Sarju woke up and he too raised an alarm. A number of co- villagers, including Raj Bali and Chandra Bali armed with Lathies and flashing their torches arrived there and saw the accused Ramesh inflicting injuries on the neck of Bharat Lal and running away. He was chased by the witnesses but could not apprehended.