MOHAN ALIAS BICHIA Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal was preferred by appellant against judgment and order dated 7.8.1981 passed by the Additional Sessions Judge, Varanasi, in ST. No. 40 of 1980, convicting and sentencing him to seven years R.I. under Section 307, I.P.C.

(2.) Occurrence is alleged to have taken place on 10.9.1979 at 5:00 p.m. in Mohalla Madmeshwar, Police Station Kotwali, District Varanasi. First information report was lodged by Nand Lal Seth, PW-1, on the same day at 6:10 p.m. at Police Station Kotwali, District Varanasi.

(3.) The prosecution case as unfolded is that complainant Nand Lal Seth lived in House No. K53/91 Madmeshwar, P.S. Kotwali, District Varanasi. It is four storied house. The complainant runs a shop of Sarrafa on the ground floor. This shop has three doors with wooden shutter which used to open towards west on the road. Outside of these, the southern door had a channel collapsible gate, which is made of iron bars. This channel collapsible gate was stuck on the date of occurrence and could not be raised. There is a lane leading to Nawapura just in front of this southern door. Another door is on the northern side of the house, which is used as an exit from house. This door also leads to staircase through Galiyara for upper storey of the house. There was Chauki on the southern side inside the house on which the complainant used to sit. Gaddi of shop is in the north eastern corner and customers sit in the north western corner. On the first floor, there is a balcony in front of room, projecting upon road and there is a telephone bracket under its one comer. Upper stories of house are used by family of complainant for residential purposes.