JIRJODHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sharad Kumar Srivastava and Sri Shiv Naresh Singh, learned counsel for the appellant and Sri J.P. Tripathi, learned A.G.A. for the State.

(2.) This criminal appeal has been preferred against the judgment and order dated 30.7.1984 passed by 3rd Additional Sessions Judge, Mirzapur in S.T. No. 7 of 1984 (State vs. Jirjodhan) whereby the accused appellant has been convicted under section 302 IPC and has been sentenced with life imprisonment.

(3.) In brief, the facts of the case are that the informant Hub Lal (PW5) son of Sarjoo Ram, resident of village Karhiya Tola Bodhadeeh, Police Station Dudhi, District Mirzapur gave a written report at police Station Dudhi stating therein that his brother Ram Dular (deceased) used to graze his buffaloes in Avradandi Mauja at Joona Bathan place, 6 kms. away from his village Karhiya Tola Bodhadeeh and used to sleep there only. Everyday, someone from amongst the family members used to take his food to the said place and used to bring milk from there. On 21.11.1983 when PW5 and his brother went there with food for his brother at about 7.00, he saw that his brother was caused injuries by sharp edged weapon at his face by which he had died. Then he sent his brother Indra Dev to village to give information, where-after, his father Sarjoo, Bhondu, Jeevdhan and Chaukidar and many others came there and saw the occurrence. It is further mentioned that the informant side and Brij Mohan (accused), resident of Karhiya Tola Bodhadeeh, P.S. Dudhi, District Mirzapur were having enmity with respect to land of Araji no. 236 area five biswas and ten dhoors which was situated in village Bodhadeeh which was being cultivated by the complainant side and it is further mentioned that about 8-10 days prior to this occurrence, the cattle of informant side which were being grazed by Ram Dular (deceased) had caused some damage to the crop of Kurvi of accused Ram Chandar son of Bhola and Dasai son of Dharman, as a result of which the accused side had abused Ram Dular and had threatened him with his life, therefore, the informant had suspicion that his brother was murdered by some sharp edged weapon by accused Brij Mohan, Ram Chandra and Dasai.