NANKU @ JAGAT BAHADUR Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 14-2-1995 passed by Sri Dharam Paul, the then 1st Additional Sessions Judge, Allahabad in S.T No. 158 of 1989, State v. Nanku alias Jagat Bahadur, under Section 302, I.P.C., police station Utraon, district Allahabad whereby he convicted the ac­cused-appellant Nanku alias Jagat Bahadur for the offence under Section 304, Part II, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of five years.

(2.) RAM Sunder deceased had two sons-Nanku alias Jagat Bahadur ac­cused-appellant and Mithai Lal. Smt. Shakuni Devi, the informant, who was ex­amined as P.W-1 at the trial, is the wife of Mithai Lal. Ram Sunder deceased and his sons lived in village Mothiha, police sta­tion Utraon, district Allahabad. It is the admitted case between the parties that Ram Sunder deceased had four bighas agricultural land in the village in respect of which he executed a sale-deed in favour of Ram Dulare (father of Smt. Shakuni Devi, the informant of this case).

(3.) THE F.I.R. of this case was scribed by Shiv Nath at the dictation of Smt. Shakuni, the informant. The informant went to the police station Utraon which is at a distance of about 5 Km. away from the place of occurrence and lodged the written F.I.R. thereat5.30p.m.on27-9-1987.Onthe basis of the said-F.I.R., a case under Section 304, I.P.C. was registered against accused-appellant NankuflT/osJagatBahadur.