K.N. Sinha, S.K. Jain, JJ. - (1.) This criminal appeal has been filed against the judgment and order dated 16.3.2001, passed by the Special/Additional Sessions Judge, Ballia in S.T. No. 280 of 1998, State v. Gupteshwar Pandey and another , under section 302 I.P.C. P.S. Bansdeeh Road, Ballia, whereby the appellant has been convicted under section 302 I.P.C. and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 2000/- and in default of payment of fine further sentenced to undergo five months imprisonment.
(2.) The accusations which led to the trial of the accused are as follows:- Informant-Umesh Kumar Pandey son of Rameshwar Nath Pandey resident of Tiwari, P.S. Bansdeeh Road submitted a written report Ext. Ka-1 at Police Station Bansdeeh Road on 9.6.1998 at 1.30 p.m. As per this report on that date at about 11.30 a.m., informant with his father Kameshwar Nath Pandey was going to keep charff in their new house. As soon as they tried to open the door of the house, the uncle of informant (the appellant) and son of appellant Rakesh Kumar asked as to who was opening the door. Whereupon Kameshwar Nath replied that he wanted to keep the chaff inside the house. The appellant armed with his licensed gun and his son Rakesh came on the roof of the house, started hurling abuses, giving reference to the dispute of partition. Appellant challenged the father of the informant that he should not enter into the house. The father of the informant objected to the abuses and told that the house belonged to him, he would enter the house. As soon as the father of the informant took further steps, Rakesh exhorted the appellant "PITAJI KYA DEKHATE HAI MARIYA SALA JHALARI HO JAY". On his exhortation the appellant fired from his licensed gun at the father of the informant. The father of the informant received gun shot injuries on his chest, left side of abdomen and left hand and fell down. The occurrence was also witnessed by Jagan Pandey, Shiv Shankar Pal and many other villagers. The informant took his tamer to Sadar Hospital, Ballia, where he was declared dead.
(3.) PW 4 C.P. Maya Shankar Chaubey on the basis of the written report Ext. Ka-1 wrote the chick F.I.R. Ext. Ka-2 and entered the details in the G.D. as per Ext. Ka-3.;