SHEO DUTT DUBEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by Sheo Dutt Dubey son of Mathurai accused is directed against his conviction under S. 304, Part II, IPC and sentence to undergo five years' Rigorous Imprisonment passed by Sri M. B. Godbole, Sessions Judge, Jalaun at Orai vide his judgement dated 9-11-1979.

(2.) The accused was charged under S. 302, IPC on the accusation : that on 3-5-1978 at about 10 a.m. in the town of Konch near the shop of Narain, he committed the murder of Khachere by inflicting Lathi injuries on him with the intention or knowledge of killing him. The accused claimed trial.

(3.) Briefly the facts of the case are as under :-