GUPTESHWAR NAI Vs. STATE OF U P

JUDGEMENT

(1.) M. M. Lal, J. This is an appeal against a judgment and order, dated 30th August, 1978 passed by Sri Brij Mohan, the then 1st Addl. Sessions Judge, Ballia, by which he has convicted Gupteshwar Nai, appellant under Sec tion 302, I. P. C. and has sentenced him to undergo imprisonment for life.

(2.) GUPTESHWAR Nai, appellant and Vishesar informant are two real brothers. They were residing in a common house, situate in village Balihar, P. S Haldi, district Ballia. They were in occupation of different rooms, which opened in a common courtyard. They were barbar by profession and during the course of profession they used to go to marriages to perform certain cere monies. Virendra Nath deceased was the son of Vishesar informant. Smt. Manakia is the wife and Km. Radhika is the daugther of GUPTESHWAR appellant.

(3.) ON the next morning Visbesar got the report of the incident scribed. He then went to Kotwali, Ballia to hand over the said report on 17-6-1973 at 10. 40 a. m. As this case related to P. S. Haldi, the papers were forwarded to P. S. where Haldi, the same were received on 18-6-1973 and a case under Sec tion 307, I. P. C. was registered. Virendra Nath succumbed to his injuries in the District Hospital, Ballia on 20-6- 1973 at 12. 10 p. m. whereafter this case was converted and registered into a case under Section 302, I. P. C.