OM PRAKASH NAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.V. Singh, learned amicus curiae for the appellant and Sri A.N. Mulla, learned AGA for the State.

(2.) This appeal has been preferred by the appellant-Om Prakash Nai against the judgment and order dated 01.06.1990 passed by Sessions Judge, Gorakhpur in Sessions Trial No. 64 of 1990 (State v. Om Prakash Nai) , arising out of Case Crime No. 78 of 1989 at Police Station Nautanwa, District Gorakhpur by which the appellant has been convicted and sentenced to imprisonment for life under Section 304 IPC.

(3.) Briefly stated the facts of this case are that on the basis of the written report Ext. Ka1 which was scribed by PW5 Mohd. Nazir on the dictation of PW1 Bhola elder brother of the deceased-Paltan and given at Police Station Nautanwa, District Gorakhpur on 5.7.1989 at about 3:20 am, Case Crime No. 78 of 1989, under (2) Section 302 IPC was registered against the accused-appellant-Om Prakash Nai. In the FIR it was alleged that PW2 Smt. Awadhi widow of Adharey Harijan was residing in her house in Village Sheotara Tola Marjadpur, Police Station Bargadwa, District Maharajganj. Towards the south of her house is the house belonging to one Baran, further south is the house of deceased Paltan and his brother Bhola PW1. Smt. Awadhi had a young daughter Bindi PW3 who was married but she most of the time used to stay in her maternal home with her mother. The accused-appellant-Om Prakash Nai had also started residing in Village Shoetara Tola Marjadpur in the house of one Banda who was a man of known bad character. The accused-appellant used to visit the house of PW2 Smt. Awadhi as he had an eye upon her younger daughter Bindi who often stayed with her in her house which was objected to by Smt. Awadhi as well as by deceased Paltan.