K.S.Rakhra, R.K.Rastogi, JJ. - (1.) This is an appeal under Section 374(2) Cr.P.C.against the judgment and order dated 26.8.2004 passed by the Sessions Judge, Etah in S.T. No. 582 of 2001, convicting the appellant Chandrapal and sentencing him to life imprisonment for the offence under Section 302 IPC.
(2.) The case relates to an incident dated 14.3.2001 which took place in village Dariyaganj within the circle of police station Patiali of district Etah at 6.45 p.m. It is alleged that on the said date, time and place, the appellant Chandrapal under the influence of alcohal started abusing the deceased Dhanpal and when the later objected to this, the appellant who was carrying with him an iron handle of water hand pipe tried to attack on him. The victim ran to save himself but was chased by the appellant and near the house of Babu Ram the appellant fell him on the ground and gave him repeated blows of iron handle causing his instantaneous death. This incident was witnessed by first informant Lala Ram P.W. 1, Madan Pal P.W. 2, Ram Sewak P.W. 3 and others. It is also claimed that at the place of occurrence there was sufficient light of patromax which was lighting at the door of Babu Ram. After committing this assault, the appellant ran away from the place of occurrence.
(3.) A report of this incident was lodged on 14.3.2001 at 20.15 hours by Lala Ram at the police-station Patiali which was at a distance of 10 kilometers from the place of occurrence.;