MOHAN LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) MR . Bhagwati Prasad Nigam, learned counsel for the appellant, Mr. Sharad Dixit, learned A.G.A. for the State were heard at length.

(2.) UNDER challenge in this appeal is the judgment and order dated 29.4.1982 passed by learned Sessions Judge, Hardoi in Sessions Trial No. 567 of 1981 arising out of Case Crime No. 86 of 1979, Police Station Sursa, District Hardoi whereby present appellant Mohan Lal was convicted for the offence under Section 302 I.P.C. and was sentenced with imprisonment for life.

(3.) BRIEF facts of the case are that complainant Chhote Lal lodged an F.I.R. On 24.5.1979 at 10:15 a.m. alleging therein that his mother had expired two years prior to this incident and wife of his elder brother (appellant Mohan Lal) used to live in the house. Deceased Kali Charan (father of complainant) had an evil eye on the wife of Mohan Lal, namely, Girisa. When the appellant heard about this thing then he told it to the persons of the village and the villagers scolded Kali Charan for his such act due to which he remained normal for sometime. About one month prior to the incident, appellant Mohan Lal got a job of peon in Tehsil Hardoi. In that connection he had gone, few days back, for his service. On 23.5.1979 at about 6:00 a.m. deceased Kali Charan again went to Smt. Girisa and asked her to come to his bed. When she declined to obey his ill desire then deceased Kali Charan gave 2 -3 blows of danda to Girisa. On the date of incident at about 3:00 p.m. when Mohan Lal came to the house then Smt. Girisa narrated him the entire story and thereafter Kali Charan went away from the house. Mohan Lal was very much annoyed with such conduct of his father and was in search of his father. Complainant Chhote Lal after taking his meals was lying on the door of his house, the bed of his father was lying under the 'Chhappar' and there was a light of lantern. His father came and also lied on his bed. In the night at about 10:00 p.m. Mohan Lal came out of the house and saw that his father was lying on the bed. He went inside the house and immediately he came back and started quarreling with his father and he grappled his father on the cot. When his father cried then Ram Swaroop, Chiranjivi, Hulasi and other persons reached there and asked Mohan Lal not to hit the deceased but appellant Mohan Lal, who was armed with a knife gave a blow of knife on the abdomen due to which intestine of Kali Charan came out and he died on the spot. Appellant Mohan Lal ran away from there. In the night, complainant could not go to lodge the report because of fear. Next day in the morning, he went to the police station and lodged the F.I.R. of this case, which was registered at 10:15 a.m. On 24.5.1979. During investigation, inquest proceedings were conducted. The dead body was sealed and sent for postmortem, which was conducted by PW -1 Dr. A.K. Mehrotra on 25.5.1979 at 3:30 p.m. and following ante mortem injuries were noted on the body of the deceased: - -