- (1.) This appeal by Sheo Dutt Dubey son of Mathurai accused is directed against his conviction under S. 304, Part II, IPC and sentence to undergo five years' Rigorous Imprisonment passed by Sri M. B. Godbole, Sessions Judge, Jalaun at Orai vide his judgement dated 9-11-1979.
(2.) The accused was charged under S. 302, IPC on the accusation : that on 3-5-1978 at about 10 a.m. in the town of Konch near the shop of Narain, he committed the murder of Khachere by inflicting Lathi injuries on him with the intention or knowledge of killing him. The accused claimed trial.
(3.) Briefly the facts of the case are as under :- On 3-5-1978 at about 10.00 a.m. Parmai son of Khachere (since deceased) lodged a First Information Report, Ex. Ka 2, at Police Station Konch; that Sheo Dutt accused and Babu, both sons of Mathuri, who live in his mohalla, had dispute over the property between them and their relations were strained inter se. Further that his father, Khachere was on good terms with Babu, the brother of Sheo Dutt accused for which Sheo Dutt Dubey accused was annoyed. Further that at about 10 a.m. on that day i.e. on 3-5-1978 his father had gone to market to fetch some green vegetables where Sheo Dutt Dubey, accused, met him and complained that he was trying to be a great well wisher of Babu and he would be done to death. Khachere told him that he had absolutely no concern whatsoever with their family dispute on which the accused started belabouring his father causing him injuries on his head and other parts of the body. Jwala Prasad and Bala Prasad residents of his Mohalla and one Radhey Shyam Srivastava resident of Subhash Nagar, Konch witnessed the occurrence besides several other persons. The complainant and his brothers sent their father to the hospital while the complaint himself went to the Police Station to make a report, Ex. Ka 2.;