LAL SINGH Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the state of U.P. and perused the record.

(2.) This Criminal Jail appeal has been preferred on behalf of the accused appellant Lal Singh against the judgment and order dated 4.8.1984 passed by learned Additional Sessions Judge, Hamirpur in S.T.No. 314 of 1982 under section 302 I.P.C., P.S. Kurara, District Hamirpur in Case Crime No. 130 of 1982 District Hamirpur whereby the accused Lal Singh has been convicted for the offence under section 302 I.P.C. and sentenced with imprisonment for life.

(3.) The F.I.R.of this case has been lodged on 11.8.1982 at 5.30 P.M. with respect to the incident that took place on 11.8.1982 at 14 hours. According to the prosecution case, the complainant Shiv Dayal P.W.1 and accused Lal Singh both are residents of the same Village. The brother of the deceased had taken loan of Rs. 5/- from the accused Lal Singh, for which he made demand from the deceased Gariba, brother of the informant. He refunded the amount and said that your father had taken four mund of jundi four years back which he has not returned till date whereupon the accused Lal Singh kicked his brother Gariba who said that he was going to lodge the F.I.R. at the police station and he left the village for lodging the F.I.R. and as he reached near the Junior High School, the accused Lal Singh appeared equipped with Pharsa and started assaulting the deceased by Pharsa blows and said , "I will not leave you today." Gariba fell down. The Complainant Shiv Dayal and his son Vishwanath, Ram Sanehi and other villagers reached to the place of assault. The accused Lal Singh fled away from the spot. The deceased Gariba was taken to the police station on a bullock cart, as he reached near village Jhalokhar, he succumbed to the injuries.