K.N.OJHA,J. - (1.) THIS appeal has been preferred against judgment and order dated 30 -11 -1981, passed by Sri D.P. Srivastava, Sessions Judge, Jalaun at Orai in ST No. 236 of 1981, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment.
(2.) WE have heard Sri Rajesh Ji Verma, learned Counsel for the appellant and Sri Shekhar Yadav, learned AGA for the State and have gone through the record. Chintaman (PW 1) resident of village Bohadpura, police station Kotwali Orai, District Jalaun, lodged FIR under Section 302 IPC against appellant Mahabir residents of the same village on 31 -7 -1981 at 3.10 p.m. that appellant committed murder of Chhinga son of informant Chintaman on 31 -7 -1981 at about 2 p.m. in village Bohadpura, which is at a distance of 7 km. from the police station Kotwali Orai. It was written that there had been litigation of Gaonsamaj land between the parties. In 1976, accused and his family members were prosecuted. Parties compromised and appellant agreed not to interfere with the possession of the informant in respect of Gaonsamaj land. In view of this compromise accused and others were acquitted but they again started to raise dispute about the land. The case in respect of the land was pending and it was actively contested by Chhinga. 25 -7 -1981 was the date fixed but it was adjourned to 11 - 9 -1981. Appellant had held out in the village that he was being harassed by the deceased. It is said that at about 2 p.m. on 31 - 7 -1981 when Chhinga was lying on his cot in verandah, Mahabir Prasad went and gave two blows with 'Kulhari'. At that time complainant and his grand -son Pappu alias Jag Mohan were inside the house. On alarm raised by Chhinga, the complainant and the witnesses reached there and saw the appellant running away with axe in one hand and knife in another hand. Chhinga died on the spot.
(3.) INVESTIGATION was made by S.I. Tirathraj Pandey. He prepared site -plan, recovered blood stained portion of cot and clothes. Chemical examiner also found blood on the articles sent.;