PREM CHAND Vs. STATE OF U P

JUDGEMENT

(1.) THE instant appeal has been filed against the judgment and order of the Vth Additional Sessions Judge, Hamirpur dated 25.4.1980 passed in sessions trial No. 229 of 1979 by which the appellant Prem Chand has been convicted for the offence punishable under Section 302, I.P.C. and sentenced to undergo imprisonment for life.

(2.) THE prosecution case had been that on 19.7.79 Chhitaiyan - deceased was sitting at his door in the evening at about 6 p.m. along with his son Dhanpat, informant, P.W. 1, his brother Khub Chand, P.W. 3, his uncle Pancham, P.W. 2 and his wife Smt. Girjarani, P.W. 4, the appellant Prem Chand armed with D.B.B.L. gun came there and asked for a cock. Chhitaiyan told him that he had only one hen and expressed his inability to give the same to the appellant as the hen was sitting on eggs. THE appellant felt very much offended and fired his gun aiming Chhitaiyan, who received the injuries on his abdomen. Appellant also fired the second shot and subsequently escaped from the scene. After hearing the cries and the noise of the gun shots several persons came there from the nearby. Dhanpat, P.W.I took Chhitaiyan injured in the bullock cart to police station Uaria along with other said witnesses but he succumbed to injuries on the way. THE F.I.R. was lodged at 10 p.m. on the same day at police Station Uaria which is about 4 miles away from the place of occurrence. Ali Hasan, P.W. 6. Head Muharrir wrote the F.I.R. and registered the case under Section 302, I.P.C. Lal Bahadur Sharma, S.I., P.W. 7 started the investigation. THE dead body was sent for post mortem and Dr. A. K. Srivastava, P.W. 5 conducted the autopsy on the dead body of Chhitaiyan deceased on 20.7.79 at 4 p.m. THE following ante-mortem injuries were found on the person of the deceased :-

(3.) THE appellant when examined under Section 313, Cr. P.C stated that he has falsely been enroped at the behest of one Jiyalal, who was having grudge against Lachhi, the brother of the appellant as Lachhi was in Jail at the time of commission of this offence in connection with the murder of the brother of Jiyalal and Dhanpat, P.W. 1 was working as a ploughman to the said Jiyalal.