SHEO PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against a judgment and order dated 31-5-1978 passed by Shri S.S. Srivastava, the then VIIth AddI. Sessions Judge, Gorakhpur, by which he has convicted Sheo Prasad appellant under section 302 IPC and has sentenced him to undergo imprisonment for life.

(2.) Sheo Prasad, appellant, and Mahadeo deceased were neighbours and were residing in village Jhangaha, Tola Kosri, P.S. Jhangaha, district Gorakhpur;

(3.) According to the case of the prosecution, on 4-2-1976 at about 8 a.m. Mahadeo deceased threw some water from his cattle trough. The said water started flowing towards that side, where Sheo Prasad appellant had placed his Puara. In order to check the flow of the water towards his Puara, the appellant started digging some earth from the land close to the aforesaid cattle trough belonging to Mahadeo deceased. Mahadeo deceased asked the appellant not to dig the said earth, on which the appellant started abusing him. It is further the case of the presentation that at that time Sheo Prasad appellant with a Kudal, and his wife Smt. Sonmati with a Lathi, started beating Mahadeo as a result of which he sustained injuries on his head and he fell down unconscious. This incident is said to have been witnessed by his son (P.W. 1) Vishwanath, his neighbour (P.W. 2) Dhanesar and his brother-in-law P.W. 3 Lal Bachan, who had come to him from his village Chaura situate at a distance of three Kos. (six miles) Mahadeo was firstly taken to P.H.C. Khorawar wherefrom he was referred to district hospital Gorakhpur, where he was examined. However, ultimately Mahadeo succumbed to his injuries in district hospital at about 6 p.m. Thereafter his son P.W. 1 Vishwanath went to P.S. Kotwali, where he lodged the report of the incident at 7 p.m.