GOPI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the convicted appellants against the judgment of conviction and order of sentence passed by Sri. M.M.Saran, learned Sessions Judge, Lalitpur, in Session Trial No. 38/79 u/S.302/34 I.P.C.which arose out of Crime No. 119 dated 27-4-78 of police station Kotwali district Lalitpur.

(2.) The prosecution case is that on 27-4-78 at about 2.00 p.m. at village Azadpura a quarrel took place between the mother of Dal Chand and the wife of accused Gopi regarding one Balti. The witnesses Gore Lal and others separated the two persons. After 15-20 minutes the deceased Keshri came there after taking bath and objected to Gopi, who was still abusing. Gopi came out of his Khalihan and caught hold of the hands of deceased Keshri and commanded Lakkhi to assault Keshri. At this Lakkhi gave a lathi blow on the head of Keshri. Keshri fell down on the ground. The witnesses intervened. Gopi and Lakkhi went away. The deceased Keshri was taken on a cart to the hospital. The doctor examined the injuried Keshri and declared him as dead. Dal Chand dictated the F.I.R.of the occurrence and lodged the same at police station kotwali on which the case was registered.

(3.) The prosecution has examined Gore Lal (P.W.1) Dal Chand brother of the deceased (P.W.2), S.I.Brijraj Singh (P.W.3), Ghanshyam Das(P.W.4), Semual Kashi Nath (P.W.5), Parsadi (P.W.6). Constable Basiruddin by affidavit (P.W.7), Shyam Manohar Tripathi, I.O.(P.W.8) Dr. Abdul Halim (P.W.9) and Ganga Singh, I.O.(P.W.10).