- (1.) Sri Rajesh Kumar Dwivedi, learned Amicus Curiae and Mrs. Madhulika Yadav learned AGA for the State were heard at length.
(2.) The instant appeal arises out of the judgment and order dated 24.2.1982 passed by the learned Sessions Judge, Pratapgarh in Sessions Trial No.30 of 1981 arising out of case crime no.341 of 1980, P.S. Patti, District- Pratapgarh; State vs. Madho Pasi convicting and sentencing the accused-appellant under Section 302 IPC and sentencing him imprisonment for life.
(3.) According to the prosecution, complainant Raja Ram is brother of deceased Nankau, who was living at the tube-well of accused-appellant Madho Pasi. Complainant is also residing near the tube-well of accused-appellant Madho Pasi. In the intervening night of 23/24.11.1980 deceased (Nankau) was sleeping with his wife at the door of accused-appellant Madho Pasi. At about 2:00AM on hearing some noise, complainant reached at the door of accused Madho Pasi and saw that accused-appellant was attacking Nankau by spear. Wife of Nankau and Madho were trying to save Nankau. Ram Khelawan, Ganga, Jhamu Pasi also reached at the spot. Accused ran away from the spot with the spear. Complainant took Nankau to his kothri where he died. FIR was lodged on 24.11.1980 at 9:10AM, at Police Station Patti, Pratapgarh at Crime No.341/1980, under Section 302 IPC. Investigation was handed over to Station House Officer Raghubir Sahay. Inquest proceedings were conducted on 24.11.1980 at 12.15PM. Blood-stained and plain soil was recovered by the investigating officer. Shirt and baniyan of the deceased were also recovered. Spear and lathi were recovered by investigating officer on 25.11.1980 on the pointing out of accused. Place of occurrence was inspected and site plan was prepared on 24.11.1980. Postmortem of the body of the deceased was conducted by Dr. Dinesh Chand Srivastava on 25.11.1980. Following ante mortem injuries were found on the body of the deceased. 1. A triangular wound 1/2"X 3/4" chest cavity deep on front of right half of chest upper peril just below inner third of clavicle at place near angles, the margins are clear cut. Otherwise abraded. 2. Incised wound 1/2"X 1/10"X 1/8" on leftside of face 1" away from left nostril. The margins are clean cut and even. 3. A triangular wound 3/4" X 3/" chest cavity deep on right half of back the root of neck and 1" away from mid line the margins near the angle one clear cut otherwise. The margins are abraded.;