BABU LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashutosh Pandey, learned counsel for the appellant, Sri L.D. Rajbhar, learned AGA for the State and perused the record.

(2.) The present Appeal has arisen out of the judgment and order of conviction and sentence dated 18.12.1986 passed by VI Additional Sessions Judge, Varanasi in Sessions Trial No.93 of 1984 (State vs. Babu Lal), Case Crime No.85 of 1983 under Sections 147, 148 and 307 IPC, P.S. Chaubeypur, district Varanasi, whereby the sole accused has been convicted for the offence under Section 307 IPC and sentenced to undergo three years rigorous imprisonment with fine of Rs.500/- and default clause.

(3.) The brief facts of the prosecution case according to the FIR lodged by Sri Ram Shakal Tiwari on 14.3.1983 at about 12.20 p.m. are that "at about 4.30 a.m. on 14.3.1983, Ravindra Kumar, son of first informant alongwith Surendra Nath Mishra @ Surendra Kumar, son of Kamla Mishra were going to collect fodder for cattle to Bhadaun Dharm Kaanta, Varanasi and when they reached near Daitra Baba, village Madhni, Babu Lal, resident of Phoolpur, alongwith four unknown persons were coming from opposite direction and Babu Lal stating that they have seen everything and all secrets will be open, so they must be killed, immediately fired at Surendra Nath Mishra @ Surendra Kumar, who fell down after sustaining injuries seeing which Ravindra Kumar fled away to Village- Madhni and informed Dr. Bankey Lal and when they reached at the spot, found Surendra Nath Mishra @ Surendra Kumar in injured condition and immediately admitted him in Kabir Chaura Hospital.