NARESH Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Dikshita, J. Appellant, Naresh, has preferred this appeal against the judgment and order dated 30-3-1979, passed by Sri Jaswant Singh v. Addi tional District and Sessions Judge, Badaun, in Sessions Trial No. 341 of 1977 (State v. Naresh) convicting the appellant under Section 307, I. P. C. and sen tencing him to 3 years' R. I. and a fine of Rs. 1000/-, and in default thereof he is directed to undergo 6 months' further R. I.

(2.) THE prosecution case is that one Chandra Prakash had gone to Narayan Khand Ashram and was returning from there around 2 p. m. on 13-7-1976 Chandra Prakash returned home with his hands blood- stained and holding his right side of stomach. He was brought by Swami Shivanand of Ashram Narain Khand. Chandra Prakash informed his uncle Ram Naresh who had come to visit his brother Ram Raksh Pal at his Civil Lines residence, that one Naresh son of Chhotey Lal resident of Mohalla Katra Brahmapura, Budaun was near the road of the Ashram. On demand to repay the loan. Naresh shot him with a revolver. THE incident was witnessed by Hardayal son of Ghanshyam, Sardar Jatav and Roshan Lal son of Asharfi. After shooting Chandra Prakash, Naresh ran towards south. Ram Raksh Pal father of Chandra Prakash took him to the Hospital and Ram Kuhore uncle of Chandra Prakash went to the police station to lodge the report, indicating that the condition of Chandra Prakash is very serious.

(3.) HE was convicted and sentenced as stated above by the trial court.