DEO SARAN UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant was con victed under Section 302/34, I. P. C. and was sentenced to life imprisonment by a judgment and order dated 30-10-81 recorded by the Sessions Judge, Varanasi, in ST. No. 308 of 1981. After preferring the appeal, he was directed to be released on bail.

(2.) AN FIR was lodged by one Smt. Indrawati wife of Chandra Bhushan Upadhya of Kamalpur, P. S. Thanapur, District Chandauli on 7-5-1981 at 2. 35 p. m. for an incident that had taken place on 4-5-1981 at 9 a. m. in village Kamalpur. In the FIR, two brothers Prem Nath Upadhya and Deo Sharan Upadhya were named as assailants. This Prem Nath died prior to the aforementioned Sessions trial and only Deo Sharan Upadhya (present appellant) stood trial. It was stated in the FIR that the two named accused persons were of the same family to which Chandra Bhushan Upadhya belonged. These two persons came to the house of the complainant with ballam and gandasa and started abusing and threatening. Prem Nath assaulted Chandra Bhushan with ballam and Deo Sharan by gandasa. On hue and cry people of the locality collected. Chandra Bhushan suffered serious injuries. He was taken to a Government hospital at Kabirchaura by the complainant. She was alone in her house with young children. Her husband was seriously injured and as such she could not come to the police station earlier to 7-5-1981.

(3.) THE prosecution had examined 9 witnesses during the trial. THE accused was examined under Section 313, Cr. P. C. but no defence witness was cited although the accused desired to lead defence evidence. THE records of the Court below indicate that the accused declined to produce any oral evidence but the documents filed by him were admitted.