BANSH RAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 26.03.1983 passed by the Additional Sessions Judge, Gyanpur, Varanasi in S.T. No. 46 of 1981 by which he convicted the appellant Bansh Raj @ Lalley under Section 302 IPC and sentenced him to undergo imprisonment for life.

(2.) In brief, facts of the case are that on 5.1.1981, a written report (Ex-ka-1) was submitted by Sri Bihari Lal Pandey (Informant/P.W.-1) at Police Station Aurai, District Varanasi alleging therein that his uncle Sharda Prasad Pandey was issue-less, he owned 1.5 Bigha of land. Bansh Raj @ Lalley (accused/appellant) wanted Sharda Prasad Pandey to transfer that land to him. However, he refused on the advice of Informant's brother Sridhar Pandey. It antagonized the accused appellant who entertained ill will against Sridhar Pandey. About 8 to 10 days, prior to the incident, Bansh Raj Pandey @ Lalley abused and threatened the informant. The villagers intervened and saved the situation. On account of this animosity, on 5.1.1981, at about 8 p.m. in the night when the informant, his brother Sridhar Pandey, Rajpati Pandey and nephew Dinesh Kumar Pandey were sitting around a fire ('Kaura'), in front of the house of Sridhar, and a lantern was lit up, Banshraj Pandey @ Lalley suddenly turned up armed with a gun. He fired at informant's brother Sridhar Pandey. The shot hit Sridhar Pandey in the stomach and he fell down. Hearing the noise of gun fire and uproar, the villagers came and saw the incident.

(3.) On the basis of the written report (Ex-ka-1), the First Information Report was lodged on 05.01.81 at 9.05 p.m, under Section 307 IPC against the accused appellant at P.S. Aurai, District Varanasi by P.W.-3 Sri Nath Ojha, Head Moharrir. An entry was made in General Diary (Ex-Ka-4), the investigation was entrusted to Ram Singh (P.W.-5).