JAGDISH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of the impugned judgement and order dated 09.01.1989 passed by IInd Additional Sessions Judge, Bulandshahr in Sessions Trial No. 781 of 1987 (State Vs. Jagdish and Others), convicting the accused-appellant no. 1 Jagdish under Section 302 of IPC and sentencing him to undergo imprisonment for life.

(2.) In the present case, name of the deceased is Jaipal Singh. The appellant Jagdish and deceased Jaipal Singh were having adjacent agricultural fields and there was some dispute between them regarding the bund/boundary of the same. It is further not disputed that in the village in question, there were number of blue bulls and quite often they used to damage the standing crops of the agriculturists. On 20.08.1987 at about 07.00 am, when the complainant party including Jaipal Singh were working in their agricultural field, accused-appellant Jagdish and other accused persons namely Dharampal Giri, Murti Giri, Mantoori Giri, Vinod Giri and Govind Giri reached there. There was some hot talks between them and accused-appellant Jagdish levelled allegations against the complainant-party that they have removed the fencing of the field as a result of which blue bulls have damaged his field. Both the parties abused each other and it was objected by the deceased Jaipal Singh and it is said that during this, accused-appellant Jagdish gave a blow of spear near the neck of the deceased. The other accused persons also assaulted the complainant party by a club. Number of villagers reached there and then it was noticed that after sustaining injury, Jaipal Singh had expired. On 20.08.1987 itself, at 10.35 am, on the basis of written report Ex.Ka.3, lodged by Kanchhid Singh (nephew of the deceased, not examined), FIR, Ex.Ka.4 was registered against the accused-persons under Sections 147, 148, 302, 307 of I.P.C. Injured Gopichand (PW-3) was medically examined vide Ex.Ka.2 on 20.08.1987 by Dr. Jagpal Singh (PW-5) and the following two injuries were found on his body:

(3.) Inquest on the dead body of the deceased was conducted vide Ex.Ka.6 on 20.08.1987 and the body was sent for postmortem, which was conducted by Dr. R.K. Lal vide Ex.Ka.1 on 21.08.1987.