Ram Surat Ram (Maurya), J. - (1.) Heard Sri. A.K.S. Solanki, along with Mrs. Pashli Solanki, for the accused-appellant and Sri. Brijesh Kumar Yadav, A.G.A., for State of U.P.
(2.) Sri. alias Sri. Pakash (the appellant) has filed aforementioned appeal against his conviction and sentence, passed by, First Additional Sessions Judge, Jaunpur, dated 08.06.1983, in S.T. No. 118 of 1980, State of U.P. v. Sri. alias Sri. Pakash (arising out of Case Crime No. 417 of 1979, under Section 302, IPC, P.S. Kerakat, district Jaunpur), convicting the appellant under Section 302, IPC and awarding sentence of imprisonment for life.
(3.) On the complaint (Ex-Ka-1) of Ram Samujh Gupta (PW-1), Constable Moharrir- Jagdish Mishra (PW-4) registered FIR (Ex-Ka-5) of Case Crime No. 417 of 1979, under Section 307, IPC, at P.S. Kerakat, district Jaunpur on 12.12.1979 at 18.30 hours, against Sri. alias Sri. Pakash (the appellant). It has been stated in the complaint that the first informant Ram Samujh Gupta son of Soti Ram Gupta was resident of village Panihar, P.S. Kerakat, district Jaunpur. On 11.12.1979 at about 6.00 p.m., he, his brother Kanhaiya Lal, his brother's wife & son and his mother were sitting in the outer room of the house (darajja) in the light of lantern and lamp. Radio was tuned on. They were chatting to each other. At that time, Sri. alias Sri. Prakash son of Ram Asre, who was resident of his village, entered into the room, while abusing and shot his brother Kanhaiya Lal, from his pistol. When they chased him, then he ran away, making firing. On listening the sound of fire, villagers came there. Due to critical condition, Kanhaiya Lal was taken to hospital at Varanasi, where his treatment was going on. Immediate action was demanded against the accused by arresting him and sending him to jail and protection should be provided to his family.;