VIJAI MALI Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been filed by the appellant Vijai Mali against the judgment and order dated 29.09.1989 passed by the Sessions Judge, Lalitpur, whereby he has convicted the appellant for the offence under Section 302 IPC and awarded the sentence of life imprisonment.

(2.) In short, the prosecution case, as contained in the written report, is that on 19.08.1987, informant's son Bhayyan Yadav had gone from his house to the District Court for doing pairvi in respect of a case. At about 1:45 PM, he had gone to ease at a nala near the District Court. However, with an intention to kill him, he was chased by Vijai Mali S/o Bhayya Lal Mali stating that his brother had implicated him in a case and he will not leave him alive.

(3.) It is further alleged that his son in order to save himself ran towards the house of one Fared Lal Christian, which was situate at the back of Sadan Shah Mazaar, where the accused Vijai Mali assaulted him with a knife, due to which, he received injuries and died instantaneously.