LAL MAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 1394 of 1979 has been preferred by accused Lalman Singh against his conviction and sentence of life imprisonment for the offence under Section 302 read with Sec. 114, I.P.C. and Criminal Appeal No. 1695 of 1979 has been preferred by Pratap Singh accused against his conviction and sentence of life imprisonment for the offence under Section 302, I.P.C. simpliciter awarded by Sri L. R. Kohli, the then III Additional Sessions Judge, Kanpur on 25-4-1979 in S.T. No. 211 of 1978, State v. Pratap Singh.

(2.) Both the appeals, being against the same judgment, were connected. During the pendency of the above appeals, Pratap Singh-accused-appellant of Criminal Appeal No. 1695 of 1979 had died and so his appeal has abated and there remains only the present Criminal Appeal No. 1394 of 1979 by Lalman Singh against his conviction and sentence for disposal on merits.

(3.) The topography of the spot, as narrated in the judgment of the trial Court and undisputed before us, was that Ram Narain Shukla, the deceased in this case, had a shop in the name and style of 'Jawan Arms' dealing with fire-arms situate on Malsi Road, Police Station Kotwali, Kanpur that from the road, a Gali went from south to north; that in the north, it joined another Gali which was running east-west (both these lines being known as Pattey Wali Gali); that towards west of the lane running from south to north at the tri-junction, there was a Bhatti and the lane running east-west joined another lane towards its east; that this eastern lane runs north-south and is known as Khoya Wali Gali and towards north, this Khoya Wali Gali bifurcated into two lanes and its western branch went towards Mollganj and the other branch went towards north-east towards the temple of Buddha Devi known as Gali Buddha Devi. In front of the shop of deceased, there was a foot-path and then there was a road running east-west.