MAHENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal arises out of impugned judgement and order dated 19.01.1989 passed by 4th Additional Sessions Judge, Varanasi in Sessions Trial No. 197 of 1987, convicting the accused appellant under Section 302 of IPC and sentencing him to undergo rigorous life imprisonment.

(2.) In the present case, name of the deceased is Jagarnath. Number of civil and criminal litigations were pending between the accused persons and the complainant party. In the night intervening 4/5.11.1986, accused persons, namely, Mahendra and Ram Gain entered the house of deceased Jagarnath, who was taking rest on his cot along with PW-2, Hari Nath and PW-1, Kailash Nath (both sons of the deceased). Accused-appellant, Mahendra asked Jagarnath as to whether he would compromise the court case or not and when it was refused by Jagarnath, accused-appellant caused gunshot injury on his head from the close range, resulting instantaneous death of the deceased. On the basis of written report dated 05.11.1986, Ex.Ka.-1 lodged by PW-2, Hari Nath, FIR was registered on 05.11.1986 at 6:20 am vide Ex.Ka.-3 against appellant Mahendra and co-accused Ram Gain under Section 302 of IPC.

(3.) Inquest on the dead body of the deceased was conducted on 05.11.1986 vide Ex. Ka-5 and the body was sent for postmortem which was conducted on 07.11.1986 by PW-5, Dr.C.B. Tripathi vide Ex. Ka-2.