- (1.) MUKTESHWAR Prasad, J. Accused Vishali, son of Maiyadin, filed this appeal against the judgment and order dated 30-10-1981 passed by Sri D. K. Agrawal, the then Additional Sessions Judge, Banda whereby he convicted the accused under Section 304 Part II IPC and sentenced him to suffer rigorous imprisonment for a period of five years.
(2.) IN brief, the facts of the case leading to the prosecution of the appellant are as under. Accused Vishali and deceased Sheo Darshan, father of the informant Ram Bhawan, were residents of village Chausar, P. S. Bisanda (Banda ). Some altercation took place between informant's mother on the one hand and wife of the accused on the other regarding cow-dung cakes. The wife of the accused used to steal cow-dung cakes of Smt. Jagdaiya, wife of the deceased. On 11-1-1981, Sheo Darshan had gone to fields. At about 5. 00 p. m. on the same day he was returning home and reached in front of the house of the accused. Accused Vishali lodged a protest and disclosed that his wife was quarreling with his wife in respect of cow-dung cakes and raised his objection. The talks took an ugly turn. Vishali wielded his lathi on Sheo Darshan. He fell down and then Vishali assaulted him with fist and kicks also. On the hue and cry raised by Sheo Darshan, his son Ram Bhawan, his wife Smt. Jagdaiya, who were present at the adjoining well to draw water, co-villagers Ram Dayal, Birri and Sohna rushed there and challenged Vishali. On their intervention, Vishali entered into his house leaving Sheo Darshan in the injured condition. He had sustained head injury. Sheo Darshan succumbed to his injuries in the night at about 10. 00 p. m.
(3.) RAM Bhawan got a report of the incident prepared on 12-1-1981 by Babu Prasad Tiwari and reached P. S. Bisanda and lodge a FIR. The local police registered a case on 12-1-1981 at 8. 30 a. m. at crime No. 13. S. I. Chedi Lal Tripathi started investigation of the case and reached the place of occurrence and prepared inquest report and other relevant papers. He sent the dead body to mortuary for post- mortem examination.;