BHOLA PAL Vs. STATE

JUDGEMENT

(1.) Mr. G.S. Hazela, Advocate was heard in detail on behalf of appellant Bhola Pal and Mr. Indrajeet Yadav, learned A.GA. on behalf of the State.

(2.) Challenge in the instant appeal is the judgment and order dated 20.1.1988 passed by the Ist Additional Sessions Judge, Varanasi in Sessions Trial No. 401 of 1986 arising out of Case Crime No. 153 of 1986, Police Station Lanka, District Varanasi whereby appellant Bhola Pal was tried for the offence under Section 302 I.P.C. and by the impugned judgment, he was convicted for the said offence and was sentenced with imprisonment for life.

(3.) In brief the case of the prosecution was that complainant Vikrama Prasad, who happens to be the son of the deceased Jagarnath, lodged an F.I.R. on 9.6.1986 at 23:05 hours alleging therein that tender for Sunder Crossing Sabzi Mandi were invited by Nagar Mahapalika, Varanasi. On 22.5.1986 complainant along with his father Jagarnath, Sheetala Prasad and Lalji Verma visited Nagar Palika for submitting their tender. Appellant Bhola Pal along with Chhote Lal was also there for the same purpose. Accused Bhola Pal and Chhote Pal asked the complainant and his father not to submit their tenders but the father of the complainant refused to follow his command. Tender was submitted on behalf of the complainant. This annoyed accused Bhola Pal and he gave a threat that he will not permit the complainant to work and further threatened them with dire consequences. Tender of the complainant was accepted by Nagar Mahapalika and in pursuance thereof, the tender work at the site was started on 4.6.1986 and the work was going on the site of Sabji Mandi. Accused Bhola Pal also raised objection on this work. On 9.6.1986, complainant along with his father Jagarnath and Babu Ram was returning on cycle to his home from Sunderpur Crossing. At about 10:30 p.m., when these persons reached in the lane of Jain Temple, appellant Bhola Pal fired at Jagarnath and after receiving the said injury, Jagarnath fell down and died. Witness Chhedi Lal and Sheetala Prasad reached there and they have also witnessed the incident. The complainant prepared the report of this case on the site and went to lodge this F.I.R. at the police station Lanka. On the basis of which, case was registered and investigation proceeded. Panchayatnama on the body of the deceased was conducted in the same night and thereafter the dead body along with the papers, prepared with the inquest report, was sent for postmortem. Postmortem on the dead body of the deceased was conducted on the next day i.e. 10.6.1986 at 3:00 p.m. by PW-5 Sri K.N. Srivastava and following injuries were found on his body:-