CHANDRA ALIAS SHRI CHAND ALIAS AOLA Vs. STATE

JUDGEMENT

(1.) Heard Shri Jitendra Kumar Shishodia, Amicus Curiae appointed for the appellant and Shri Vikas Goswami, the Additional Government Advocate - I for the prosecution.

(2.) The present appeal has been filed against the judgment and order dtd. 12/9/1984 passed by the V Additional Session Judge, Etawah convicting the appellant under Sec. 302 IPC and sentencing him to undergo life imprisonment in Session Trial No. 50 of 1984 arising out of Case Crime No. 33 of 1983 initially registered under Sec. 308 IPC. The chargesheet was filed under Sec. 304 IPC. The appellant was charged by the trial court under Sec. 302 IPC.

(3.) The prosecution case is that Govind, the son of first informant, had gone to meet Rajjan Mistri in relation to the construction of the house of the first informant, Laxmi Kant Mishra. There was some quarrel between Govind and Aola (the appellant). When Anand, the second son of the first informant intervened, the appellant hit Anand with a brick lying nearby. Anand fell on the spot and fainted. The first information report was lodged by Laxmi Kant Mishra registering Case Crime No. 33 of 1983. The first information report states that the incident was witnessed by Govind, Babu Ram Natt, Ram Swaroop Mistri, Brahammanand and others. Anand died during treatment. The inquest report was prepared which noted injury on the forehead of the deceased and swelling on his neck.