(1.) Feeling aggrieved with the judgment and order dated 04.10.1985 passed by learned Special Judge, Dacoity Affected Area, P.S. Baberu, District Banda, accused Kallu @ Ugrasen Singh preferred this appeal, whereby learned Special Judge hold guilty to accused/appellant and punished him under section 302 I.P.C. with life imprisonment and under section 394 I.P.C., four years rigorous imprisonment. It was also ordered that both imprisonment shall run concurrently.
(2.) The factual matrix of the case is that on date 26.10.1984, deceased Shri Jhamman Yadav along with his cousin brother Babulal Yadav was coming back from his field and appellant Kallu @ Ugrasen Singh with other accused was also coming behind deceased Jhamman. At about 5:00 p.m. when Jhamman reached near the field of Gaya Lohar accused Kallu @ Ugra Sen fired upon Shri Jhamman which hit him on back. Being seriously injured, deceased tried to escape but he failed and fell down near the field of Shri Ram Kumar Yadav. Complainant Shri Babu Lal Yadav raised alarm but accused Kallu @ Ugrasen threatened him, that's why he could do nothing. Accused Kallu @ Ugrasen snatched licenced double barrel gun and 20 cartridges from deceased Shri Jhamman Yadav and ran away from the place of occurrence.
(3.) After fleeing of the accused Kallu @ Ugrasen Singh, complainant Babulal brought a bullock cart of Subrathi and brought to Shri Jhamman Yadav at Village Budhauli and Scribed F.I.R. Exhibit Ka-1. Thereafter headed towards Police Station Baberu with seriously injured Jhamman, where he lodged complaint against accused Kallu @ Ugrasen with other two co-accused.