KANAHAIYA LAL Vs. STATE OF U P

JUDGEMENT

(1.) D. S. Bajpai, J. This is a jail appeal by Sole accused, Kanhaiya Lal, son of Shiv Charan, against the judgment and order dated 1-12-1982 passed by the Special Judge, (Additional District and Sessions Judge, Hardoi, con victing the accused under Section 302, Indian Penal Code and awarding him imprisonment for life.

(2.) BRIEF facts giving rise to the case are that the accused had committed the murder of his own mother, Smt. Janka, on 11-7-1982 at 10 p. m. in a village Galiyara of village Behaiya, hamlet of Beniganj in the district of Hardoi out side the house of Ram Asrey. The accused is said to have committed the murder by causing her death by firing a shot on her from close range and the deceased is said to have died instantaneously on the spot. A written F. I. R. , Ext. Ka-1, pertaining to this occurrence was lodged at P. S. Beniganj the same night (12-7-1982) at 00 33 hours, i. e. half an hour after midnight of the same night By Buddha Lal alias Budhai, son of Shiv Charan, the own brother of the accused, at Police Station Beniganj. The informant also resided in the same house.

(3.) THE accused, however, pleaded not guilty.