K.NARAYAN, J. - (1.) ACCUSED -appellant Lalji along with his father Duijram were tried oh the charges under Sections 307, 02, I.P.C. both read with Section 34, I.P.C. in S.T. No. 181 of 1976 by the IInd Additional District and Sessions Judge, Ghazipur. By the judg­ment and order dated 21.9.78, Duijram was acquitted of both the charges while accused appellant Lalji was found guilty and con­victed for the offence under Section 302, I.P.C. and sentenced to undergo imprison­ment for life. He has come up in appeal.
(2.) IN an incident at about 7.30 p.m. in village Kheria (Rewaria) P.S. Bhurkura distt. Ghazipur one Sukh Nandan died on account of gun shot injuries and his daughter Km. Shyam Pyari received single pellet injury in thigh. The charges under the two sections were for this reason. The finding of the learned Sessions Judge was that there was only one fire of gun and hence no attempt on the life of Km. Shyam Pyari. He accord­ingly acquitted the accused of the charge under Section 307, I.P.C. According to prosecution the occurrence had happened at about 7.30 p.m. when Sukh Nandan had gone to pee towards north of cattle shed. This was objected to by Duiji and after some exchange of hot words etc. Duiji Ram exhorted his son to kill Sukh Nandan, whereupon Lalji, his son, brought out his licensed gun and made a fire on Sukh Nandan. Thereupon the informant Sukhanu, brother of Sukh Nandan Km. Shyam Pyari, Algu Ram, Palku Ram, Kotal Ram, Chhedi Ram and Moti Ram also rushed with electric torches in their hands. Upon this, Lalji made another fire resulting in injury to Km. Shyam Pyari. The accused persons thereafter went inside their house and when the witnesses reached Sukh Nandan, he was dead.
(3.) .Though nothing was mentioned in this first information report, the evidence was to the effect that after the first fire upon Sukh Nandan, others who were still in the other portion of their house rushed towards north and threw missiles, that is, brickbats " etc. which struck Lalji and Duiji Ram also, the second fire was made by Lalji hitting Km. Shyam Pyari.;