YASH PAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 27/1/1978 passed by Sri S.K. Jain, 1st Addl. District and Sessions Judge, Saharanpur, whereby he has convicted Yashpal appellant under Section 302 IPC and sentenced him to undergo imprisonment for life.

(2.) According to the case of the prosecution Yashpal appellant and Pala deceased used to earn their livelihood by collecting and selling fuel-wood from the Jungle of Rodi Maidan, Hardwar. They were living in separate huts, which were adjoining to each other. Pala deceased had no hut of his own and therefore, he was living with P.W. 3 Smt. Sukhiya informant in her hut.

(3.) Yashpal appellant had borrowed a sum of Rs. 10/- from Pala deceased, which he had not paid despite demand. On account of the same Pala deceased had seized a bundle of fuel-wood belonging to the appellant one day prior to the incident. It is further the case of the prosecution that on 28/4/1977 at about 1.30 p.m. when Pal a deceased, Smt. Sukhiya, P.W. 3. Gautam P.W. 4 and Vijay P.W. 5 were sitting at the hut of Smt. Sukhiya; the appellant came there and called Pala deceased. The appellant took Pala deceased aside at a distance of three, four steps from the said hut. There took place between them a conversation regarding the aforesaid sum of Rs. 10/- and seized bundle of fuel wood. On hearing heated arguments between them Smt. Sukhiya, Gautam and Vijay went there. Smt. Sukhiya asked the appellant as to why he was not paying Pala his Rs. 10/- Just at that time the appellant took out a knife from the fold of Lungi and with the same caused injuries to Pal a deceased. Smt. Sukhiya P.W. 3, Gautam P.W. 4, Vijay P.W. 5 and one Han, who had also come there, took Pala deceased to the Hospital, where he ultimately died on the same day at 6.45 p.m, after leaving Pala deceased at the Hospital Smt. Sukhiya went to the Police Station Hardwar, situate at a distance of four furlongs, where she lodged report of the incident on the same day at 3.15 p.m.