BECHAN SHAH Vs. STATE OF U.P.

JUDGEMENT

(1.) Present Criminal Appeal has been filed by appellant Bechan Shah against the Judgment and order dated 22.04.2003 passed by the then Sessions Judge, Sonbhadra in Sessions Trial No. 7 of 2002, arising out of Case Crime No.155 of 2001, lodged with Police Station (in short P.S.) Duddhi, District-Sonbhadra, whereby the accused (present appellant) was found guilty and convicted for commission of murder under Section 302 Indian Penal Code, 1860 (in short I.P.C.) and sentenced to life imprisonment. The accused is in jail since his arrest in the year 2001.

(2.) The brief facts leading to the incident having occurred are that mother of complainant Bhagwan Devi was grazing her cattle in front of her house where the accused-appellant Bechan Shah suddenly came to the place of the occurrence on 6.10.2001 with an axe. When the deceased was in the field, her son namely the complainant Ram Pyare was also there along with other villagers namely Ramkesh, Shiv Prasad, Ayodhya Prasad. It is alleged that the accused appellant attacked the deceased and gave a blow with the axe on the neck of the deceased who was mother of the complainant as a result of which she fell down on the ground and died instantaneously. It is further alleged that there was an long drawn enmity between the appellant and complainant with regard to partition of the property.

(3.) A written report (Ex-Ka-1) scribed by Ram Singh Gour dictated by complainant Ram Pyare was given at P.S. Duddhi on 6.10.2001. On the basis of that report, the matter was registered as Crime No. 155 of 2001, under Section 302 IPC at P.S. Duddhi. Check report was prepared by Constable Multan Singh. Relevant G.D. entry was made on the same day.