LOT PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) I had an opportunity of going through the draft judgment written by my esteemed brother Hon'ble Virendra Kumar-II, J. and with profound respect to my brother Judge, I do not agree with the view expressed.

(2.) This criminal appeal has been preferred by the appellant against the judgment and order dated 20.07.1995 passed by the Sessions Judge, Gonda in Sessions Trial No.73 of 1992, convicting the appellant under Section 302/34 IPC and sentencing him to undergo rigorous imprisonment for life.

(3.) The material facts, which are relevant for the purposes of this case as discussed in the FIR, are that the complainant Jagdish son of Ram Tej, resident of Niyamatpur was having enmity with Sadhu Prasad Pandey in respect of a land, which was lying barren and the said land was got ploughed by a tractor by his brother, whereupon Sadhu Prasad son of Ram Bihari, resident of Niyamatpur stopped him from ploughing the field and after threatening him, went back. In the morning of 01.11.1990 at about 5:30 a.m., Sadhu Prasad, Talluqdar, Lot Prasad son of Ram Bihari and Sheetal son of Bachhu, resident of the same village, came before the house of the complainant, armed with lathi, danda and started assaulting his brother Jay Prakash and while assaulting him, dragged him to the grove and upon alarm being raised by his brother, he and his brother Ambika and his family members ran to save him, whereupon the accused persons ran away. He saw his brother lying injured. He took his brother to Wazeerganj Hospital while on the way he died. He also stated that apart from him, other persons of the village, namely, Hira son of Aafat, Ram Deen son of Shankar and other persons also saw the accused persons assaulting the deceased.