(1.) Heard Shri U.P. Singh, learned counsel for the appellant and Shri Izhar Husain learned A.G.A. for the State.
(2.) Instant appeal has been preferred against the judgment of learned Sessions Judge Unnao dated 05.8.1981 in Session Trial No. 496 of 1980, State versus Ashok Kumar, under Section 302 I.P.C., case crime no. 279 of 1978, Police Station Achalganj, District Unnao whereby learned trial court has convicted accused appellant under section 302 I.P.C. and sentenced him to imprisonment for life.
(3.) According to the prosecution version, complainant Jag Mohan and deceased Ramadhin are real brothers. Litigation is pending between Ramadhin and Mahadeo, Raja Ram Pasi, Shiv Das Pasi, Ramesh Chandra Tewari. Proceeding under section 107 CrPC are also pending in the Court. Ramadhin has lodged a complaint under section 133 CrPC against Mahadeo and proceedings for removal of encroachment in the galiyara were pending in court. 11.9.1978 was fixed for hearing in that case. Ramadhin had gone to attend the case alongwith Sheo Charan and Mohan Nai. Since the opposite parties were trying to attack the Ramadhin, hence, as and when Ramadhin goes to Unnao complainant Jag Mohan used to go to the station to receive him.
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