SACHCHE LAL @ TERSU Vs. STATE

JUDGEMENT

(1.) The instant criminal appeal has been preferred against the impugned judgment and order of conviction dated 23.9.1983 passed by learned Sessions Judge, Ghazipur in Sessions Trial No.128 of 1983 (State of U.P. vs. Sachchelal alias Tersoo arising out of Case Crime No.77/1982 under section 302 I.P.C. Chauki Sidhauna, PS. Khanpur,District Ghazipur convicting and sentencing the appellant Sachchelal alias Tersoo for life imprisonment. The appeal was admitted on 22.10.1983 and prayer for bail was allowed by this Court.

(2.) Mr.Prashant Kumar Singh, learned Advocate appeared on behalf of the appellant and Shri A.N. Mulla, learned A.G.A. appeared on behalf of the State.

(3.) The First Information Report was lodged by Subhash s/o the deceased Ram Das Sahu reporting the Chauki Sidhauna, PS Khanpur on 31.10.1982 at 8.30 P.M. The First Information Report was registered on written report. According to versions of the First Information Report the informant Subhash and his father Ram Das Sahu r/o Gopalpur, were resident of Police Station Khanpur. He had a general merchant shop at village Patna. The informant as well as his father used to sit at his shop. A day before the incident on Saturday at about 5.00 P.M. Abhilal, s/o of Lal Bahadur, the brother of the appellant came at his shop for purchasing of Bheli(gur). The informant said that the gur was not available at that time, hence he did not give the same, due to that, he slapped him, thereafter one Kuber Mallah intervened, on which he threatening to see him left the place. That incident was communicated to his father. On the date of incident i.e. 31.10.1982 at about 6.15 P.M. he alongwith his father was sitting at his shop and the appellant Sachchelal, the brother of the appellant came at his shop, then the father of the complainant complained to the appellant that his brother had slapped his son without any reason, he should have not done so, on which the appellant Sachchelal became angry at his father, started abusing. When his father asked not to abuse, the appellant Sachchelal took out country made pistol from his pocket and said if he would speak much he would be killed, then informant and his father, raised voice. Thereafter Kuber s/o Arjun Mallah, Jhuri s/o Sukendra Singh Yadav, Narju s/o Jai Karan Singh Yadav, Kamla Prasad s/o Shyam Sunder Singh and others of the same village rushed to the place of incident and challenged him. In the meantime the appellant Sachchelal who had country made pistol in his hand, with an intention to kill, shot a fire at his father. When the witnesses tried to catch held him then showing country made pistol, he ran towards west. Due to fire by country made pistol injury was caused to his father on neck and chin who fell down at the door of the shop. After sometime he succumbed to injuries. Leaving the dead body of his father in front of the shop under supervision of the villagers he went for lodging of the First Information Report. He requested for appropriate action. The report was registered at Case Crime No.77/82. G.D. entry was made by the constable concerned.