KANHAI YADAV Vs. STATE

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated 2-3-1987 passed by 9th Addl. Sessions Judge, Munger in S.T.No. 145/81 whereby the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life.

(2.) The prosecution case is that one Shyam Nandan Singh gave his fardbeyan on 6-7-1979 at 11.45 p.m. that he resides with family at Sultanganj. He got information that his father has been killed. He came to his house at Mirzapur and found his father dead. He also found injury on the neck and blood on the clothes. Many people of the village came and from them he learnt that in the morning his father had gone to Tarapur for irrigation. He was an old man and as such he was taken on bullock-cart by cart-man Kanhai Yadav, the appellant. He returned in the evening. From the door of Babanlal Sah his father was coming on foot along with Kanhai Yadav. On way when he reached at Makesri Asthan he asked Kanhai Yadav to see whether water of the canal was flowing to the field. Kanhai Yadav went there and when he returned he found his father lying injured under dilapidated brick wall. He was alive at that time. On hulla several people came and while they were taking him to the Hospital for treatment he died on way.

(3.) On the aforesaid fardbeyan formal First Information Report was drawn. Investigation was taken up and after conclusion of investigation, charge-sheet was submitted against two persons namely the appellant and one Anandi Sao. The case was committed to the Court of Session for trial. The trial Court convicted the appellant as stated above and acquitted Anandi Sao.