A.S.TRIPATHI, J. - (1.) This appeal is filed against the judgment and order dated 30-7-1979 passed by the then Sessions Judge, Mirzapur where by the appellant was convicted U/s 302 I.P.C. and was sentenced to imprisonment for life.
(2.) The facts of the case are that the appellant Madho stood charged U/s 302 I.P.C. for having committed the murder of his own uncle Shiv Nath Pandey at about 9 p.m. on 23-4-77 in the Village Suraha, Police Station Adalhat, District Mirzapur,.
(3.) The following pedigree admitted between the parties would help in appreciating the origin and genesis of the occurrence. A partition had taken place in the family of the sons of Krishna Pandey. Only three mango trees were not partitioned. 3.A. According to the prosecution case on 23 -4-77 Shiv Nath Pandey along with Shankar and the brother of the appellant Sadho had plucked some mango fruits from one of the mango trees; they had brought the same to their house and distributed according to the share. It was alleged that the fruits of the share of the appellant were sent to his house. The appellant/appeared at the door of the deceased at about 6 p.m. the same day and asked Shiv Nath that as to why less share was given to him. Shiv Nath (deceased) attempted to pacify him and told him that he may pluck more fruits the next day if his share was less. The appellant was not satisfied. The appellant then threatened that he will cut all the three mango trees next day. This threat was conveyed by Jagveer Ahir of the same village to the deceased. The deceased then told Jagveer that the appellant may pluck as much fruits as he liked but he should not cut the trees.;