GIRDHARI Vs. STATE OF U P

JUDGEMENT

(1.) The appellant, Girdhari, has been convicted by the Sessions Court under Section 302 of the Indian Penal Code (IPC) to undergo life imprisonment. He has preferred this appeal under Section 374(2) of the Criminal Procedure Code, 1973 (CrPC) to challenge the judgment and order dated 14th March, 1988 passed by the Additional Sessions Judge, Ballia in Session Trial No. 90 of 1987 (State of U.P. v. Girdhari and others) whereby he has been convicted for the offence punishable under Section 302 I.P.C. and sentenced to rigorous imprisonment for life. The appellant was charge-sheeted along with four other accused, who have been acquitted by the Sessions Court by the same judgment and order.

(2.) Briefly stated the case of the prosecution is that P.W.-1 Ganga Sagar Verma made a written complaint to the Station House Officer, Maniyar, District Ballia on 01st February, 1987, which was registered there at 07.10 A.M. in the morning as Case Crime No. 7 of 1987, under Sections 147, 148, 149, 302 I.P.C., stating therein that in the previous night of 31st January/ 01st February, 1987 his brother Lallan has been murdered by his nephew Girdhari (the appellant) and his friends, namely, Shanker, Kanhaiya Bhar, Shiv Kumar Bhar, Swami Bhar, residents of Tukra Doyam Diyra, and Butan, resident of Diyara. It is mentioned therein that his nephew Girdhari fell in a bad company and his brother Lallan (deceased) had serious objection to such conduct of Girdhari and sometimes he had beaten Girdhari for such reason. The appellant, Girdhari, was nursing grudges against his deceased brother Lallan for such reason. Girdhari had told several persons of the village that either Lallan or he will remain alive. Yesterday night (31st January/ 01st February, 1987) after having meal, Lallan had gone to his tube-well for staying there at night. It is stated that in the night suddenly P.W.-1 woke up and thought to go to his brother Lallan and do some irrigation in the field. When he reached in the field with his torch it was a mid-night. Suddenly, he heard screaming of Lallan. Thereupon P.W.-1 raised alarm, upon which Vikram Verma, P.W.-3, Gulab Chandra Verma, P.W.-2, and Raj Narayan Verma, P.W.-4, rushed towards his tube-well and they had also their torches. P.W.-1 along with the aforesaid persons saw that all the accused persons were assaulting his brother Lallan. Girdhari was armed with Lathi; Shankar, Kanhaiya Bhar and Shiv Kumar had knife and Butan had Gandasa. It is also stated that all the aforesaid witnesses by raising voice in the light of torch rushed towards tube-well to save Lallan, then seeing them Girdhari, the appellant, shouted that in hurry he has also received injury and he exhorted other accused persons to run away from the place of incident. When P.W.-1 and other persons, mentioned above, entered the room, they found that ensanguined body of Lallan was lying there.

(3.) The chik first information report (F.I.R.) was prepared by P.W.-6 Jiledar Singh, H.C. No. 93, Harijan Prakoshtha, Police Office, Ballia, and the investigation was entrusted to one Ram Shiromani Singh, S.O, P.W.-8, who reached the place of occurrence. He prepared fard of the bloodstained earth from the place of occurrence and also he recovered a bloodstained hand-gloves, which was identified by the villagers to be of the appellant.