- (1.) PRESENT appeal has its genesis in the judgment and order dated 30.8.1982 rendered by Sessions Judge, Unnao in Sessions Trial No 112 of 1982 whereby the appellant has been visited with penalties under section 302 IPC and sentenced to undergo imprisonment for life.
(2.) THE deceased in the instant case is one Sheo Bilas of village Dilwal. The report of the occurrence was lodged on 6.4.1979 at 7.30 pm at the police station Mallawan District Unnao authored by Ram Bilas which is marked as Ex Ka 1.
(3.) THE abridged version contained in the written report is that on the day of occurrence, the deceased had gone to the village market which is held twice a week and after making purchases, when he was on way back, he was fired at by the accused from behind. After being hit by the shots fired by the accused, the deceased fell down on the ground and died on the spot. At that time, it is alleged, the deceased was accompanied by his brother Ram Bilas, his nephew Sheo Naresh and niece Km Suman and it is stated that since deceased was slightly ahead of his relations, his relations raised hue and cry but the accused escaped towards south. The informant has mentioned in his written report that the accused had executed the gruesome crime actuated by old running feud between the parties. The hostilities between the parties dates back to an incident in which brother of the accused namely, Ram Naresh had fired at the deceased and as a sequel he was arrested and prosecuted. Thereafter, another incident further embittered the relations between the parties and this time, mother of the accused was put to death in which Sheo Bilas was named as assaillant but he was neither arrested nor prosecuted. This case culminated in filing of final report by the police. These are the incidents which, it is alleged, had imbued her for retribution and she was on the look out for opportunity to avenge herself on the killer of her mother.;