MUKTESHWAR PRASAD, J. - (1.) ACCUSED Girjapati has filed this appeal against the judgment and order dated 12 -5 -81 passed by Sri G.S.N. Tripathi the then Additional Sessions Judge, Basti whereby he convicted the accused under Sections 201, 324 and 452 of the Penal Code and sentenced him to suffer rigorous imprisonment for a period of six months, two years and one year respectively thereunder. All the sentences were ordered to run concurrently.
(2.) IN brief, the facts of the prosecution case as revealed from the record are as under. P.W. 2 Shambhoo Lal was posted as Amin in the canal department at Naugarh (Basti) in the year 1974. On 17 -8 -74, he was going for inspection of Ban Ganga Canal. He found the accused driving his bullock cart on the canal road in an unauthorized manner. He, therefore, challaned the accused under Section 70 of the Canal Act. Consequently, the accused was annoyed with him.
(3.) ON 24 -8 -74, Shambhoo Lal (the informant) was doing official work in the outer Verandah of his official residence built in the campus of inspection house. At about 10 -00 a.m., accused Girjapati arrived there in the Verandah, used filthy language to Shambhoo Lal and threatened to kill him. He took out a knife from his pocket. The informant was terrified and raised alarm. Accused dragged him from his cot and brought him down and stabbed him twice in his chest. On hearing alarm, Ramdeo, Ganga Prasad, Nageshwar, all Patrauls and Chulhyee, Beldar who were waiting for Ziledar at the inspection house reached there and intervened. The informant was wearing a Baniyan, which was stained with blood. Accused tore out the Baniyan and took out from informant's body. He sprinkled kerosene oil upon it from the lamp kept there and burnt it. Since he was having a knife in his hand, none dared to catch him. Before leaving the scene of the incident, the accused threatened the informant/the injured not to report the incident to the police.;