- (1.) MUKTESHWAR Prasad, J. Accused Ramesh son of Kamla Shanker Yadav has preferred this appeal against the judgment and order- dated 15-5-1980 passed by Sri D. C. Srivastava, the then Additional Sessions Judge, Gyanpur, Varanasi whereby he convicted the accused under Section 307 I. P. C. and sentenced him to undergo rigorous imprisonment for a term of four years.
(2.) BRIEFLY stated the facts of the case leading to the prosecution of the appellant were as under: Kamla Shanker Yadav, father of the appellant and P. W. 2 Sarju were close neighbours in village Gharwanpur Police Station Bhadohi, Varanasi. The female members of the family of Kamla Shanker Yadav used abusive language to the members of Sarju's family and they were having strained relations. On 6-4-1978 at about 11. 00 a. m. when she buffalo owned by Bharat Lal reached the house of Kamla Shanker Yadav and ate some grains which were being dried up outside the house. Whereupon alteration and exchange of hot words took place between Ramesh and Bharat Lal. Bharat Lal son of Sarju asked Ramesh not to abuse him. He lost his temper and threatened to teach him a lesson.
(3.) ON 7-4-1978, Sarju, and his son Bharat Lal went to attend a marriage in village Mathurapur. After having dinner and enjoying Birha, both father and son returned home at about 1. 30 a. m. and slept on two cots under Neem tree. At about 2. 00 a. m. , on 8-4- 1978, Bharat Lal was stabbed by Ramesh. He raised hue and cry. Sarju woke up and he too raised an alarm. A number of co- villagers, including Raj Bali and Chandra Bali armed with Lathies and flashing their torches arrived there and saw the accused Ramesh inflicting injuries on the neck of Bharat Lal and running away. He was chased by the witnesses but could not apprehended. The injured (Bharat Lal) was taken to Government Hospital, Bhadohi on a cot by his father where Dr. R. V. Singh, Medical Officer, examined his injuries at 5. 10 a. m. on 8-4-1978 and found the following injuries: (1) Horizontal incised wound over left lateral neck at the level of angle of mandible 10 cm x 1 cm x muscle deep. Margins clean cut, well defined, fresh bleeding present. (2) Horizontal incised wound over left lateral neck 2 cm below injury No. 1, 9 cm x 1. 5 cm x muscle deep. Margins clean cut, well defined, fresh bleeding present.;