PRABHU DAYAL Vs. STATE OF U P

JUDGEMENT

(1.) K. S. Rakhra, J. Appellant Prabhu Dayal has been held guilty and sentenced to life imprisonment under Section 302, IPC by IIIrd Additional District Sessions Judge, Hamirpur vide his judgment and order dated 30-9-1982 in Sessions Trial No. 292 of 1998 relating to Crime No. 111 of 1980 Police Station Rath District Hamirpur. He has preferred this appeal under Section 374 (2), Cr. P. C.

(2.) PROSECUTION story in short was that deceased Abdul Munir alias Munna and his brother Abdul Sagir resident of Diwanpura, Police Station Rath had gone to a place known as Ghasi Ram ka Talab to collect "imli" leaves for their goat on 22-6-1980. At about 10 a. m. when they were about to return Abdul Munir was shot dead by Prabhu Dayal appellant who had enmity with the deceased and had fired on the exhortation of co-accused Hindupat who too was carrying a fire arm. This incident was witnessed by Kanhaiya Lal who was also accompanying the deceased. It was also witnessed by Wali Mohammad and Bhan Singh P. W. 3 who at that time were taking bath in the nearby pond, i. e. , Ghasi Ram Ka Talab. When the witnesses challenged, the two assailants ran away.

(3.) IN the trial, the prosecution examined only four witnesses namely Dr. A. K. Srivastava, P. W. 1, Abdul Saghir P. W. 2, Bhan Singh P. W. 3 and Mohd. Rafat Kamal P. W. 4. No evidence was adduced by the accused in defence.