CHALLA @ BHAGWAN DAS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ajay Kumar Pandey, learned counsel for the appellant and Sri O.P. Dwivedi, learned A.G.A. appearing for the State respondents.

(2.) The present appeal has been filed by the appellants challenging the judgment and order dtd. 18/9/1991 passed by learned Sessions Judge, Bareilly in Session Trial No. 434 of 1989 convicting the appellant under Sec. 302 IPC for life imprisonment.

(3.) The prosecution story in brief is that the complainant Ram Kumar was residing in Mohalla Punjabpura Chet Ram Phatak, Bareilly; the complainant and one Kaka were sitting on a cot on 29/4/1989 at 8:15 P.M. in front of his house and there was a dibbi light; there was a lantern burning in the house of Radhey Shyam (deceased); the accused-appellant Chhalla and his maternal uncle Kanhai came through the lane; the deceased was standing on the Chabutara of his house; the accused Challa showered abuses on Radhey Shyam; the deceased made objections; the accused- appellant told to the deceased that he used to demand house rent and also want to get it vacated and he would teach a lesson to him; the co-accused Kanhai instigated the accused-appellant; the co-accused Kanhai caught the deceased and the accused-Chhalla caused knife injury to the deceased; the knife hit the stomach of the deceased; the deceased raised an alarm; wife, mother- in-law and sister of the deceased came to his rescue; the complainant Ram Kumar and Kaka also came to his rescue; when they tried to catch the accused they ran away from the spot along with knife; the informant took Radhy Shyam to hospital where he died; the informant came to the police station at about 9:30 P.M. and lodged the first information report no. 49 on 29/4/1989.