DEVI CHAND Vs. STATE

JUDGEMENT

(1.) Heard Sri Pawan Singh Pundir, learned amicus curaie for the appellant and Sri J. K. Upadhyay, learned A.G.A. appearing for the State-respondent assisted by Sri Awadhesh Kumar Shukla, Brief Holder for the State.

(2.) This appeal has been filed by appellant-Devi Chand challenging the correctness and the propriety of the judgment and order dated 28.1.1988 passed by Sessions Judge, Saharanpur in S.T. No. 255 of 1987 (State Vs. Devi Chand), case crime no. 56 of 1988, under Section 302 I.P.C., P.S. Nakur, District Saharanpur by which he has been convicted and sentenced to imprisonment for life under Section 302 I.P.C.

(3.) Briefly stated the prosecution case, is that deceased-Darshan Singh had his field in village Gokulpur. He had constructed his residential house in his field where he was residing with his wife P. W. 2 Smt. Tarsen Kaur, daughter P. W. 3 Kumari Autar Kaur and other members of the family. Accused-Devi Chand was also residing in village Gokulpur since three months before the occurrence. One day before the occurrence Darshan Singh was consuming wine with P. W. 8 Chhota Singh, P. W. 7 Pawan Singh and accused-Devi Chand, deceased-Darshan Singh and accused-Devi Chand started quarreling and deceased-Darshan Singh slapped accused-Devi Chand on which accused-Devi Chand threatened him with dire consequences.