B.K.SHARNIA, J. - (1.) THIS is an appeal against the judgment and order dated 14-2-1995 passed by Sri Dharam Paul, the then 1st Additional Sessions Judge, Allahabad in S.T No. 158 of 1989, State v. Nanku alias Jagat Bahadur, under Section 302, I.P.C., police station Utraon, district Allahabad whereby he convicted the ac­cused-appellant Nanku alias Jagat Bahadur for the offence under Section 304, Part II, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of five years.
(2.) RAM Sunder deceased had two sons-Nanku alias Jagat Bahadur ac­cused-appellant and Mithai Lal. Smt. Shakuni Devi, the informant, who was ex­amined as P.W-1 at the trial, is the wife of Mithai Lal. Ram Sunder deceased and his sons lived in village Mothiha, police sta­tion Utraon, district Allahabad. It is the admitted case between the parties that Ram Sunder deceased had four bighas agricultural land in the village in respect of which he executed a sale-deed in favour of Ram Dulare (father of Smt. Shakuni Devi, the informant of this case). The prosecution case was that deceased Ram Sunder had two houses- one near the house of Nanku alias Jagat Bahadur accused- appellant and another at some distance, in which Smt. Shakuni Devi and her entire family lived together. The accused-appellant Nanku alias Jagat Bahadur was annoyed at the execution of the said sale-deed in favour of Ram Dulare aforesaid. It was alleged that Ram Sunder deceased has raised Tilli crop in an area of ten biswas land out of said four bighas land; that the deceased Ram Sunder har­vested the Tilli crop on 27-9-1987 and brought and kept it at the door of the house of deceased; that the deceased was saying that this crop will go to the place where his entire family lived while Nanku alias Jagat Bahadur accused-appellant as­serted that this crop will not go there but will remain at his door; that on this, the deceased locked the harvested crop in a Kothari that after taking food, Ram Sunder deceased started at about 3.00 p.m. by saying that "Chalo Purane Ghar" (i.e. the house adjacent to the house of Nanku alias Jagat Bahadur accused-appellant) "Wahan Se Bhusa Le Aayen;" that on this Ram Sunder deceased proceeded ahead followed by Kamlesh and Rakesh (both sons of Smt. Shakuni Devi), that the deceased Ram Sunder had just come and sat at the Darwaza; that accused-appellant Nanku alias Jagat Bahadur came there carrying Lathi in his hand and giving abuses to him about Tilli; that thereupon the deceased Ram Sunder got up and went to open the lock of the Kothari in which the Bhusa was kept; that before Ram Sunder deceased could open the lock, the accused- appellant Nanku alias Jagat Bahadur started beating him with Lathi; that the deceased Ram Sunder fell down on receiving the injuries; that on the cries raised by her and on the weeping of her son; Dwarika son of Banai of village Motihan and others reached the spot whereupon accused-appellant Nanku alias Jagat Bahadur ran away towards north with Lathi in his hand; that while search was made for a suitable conveyance for carrying the injured Ram Sunder to the hospital the deceased Ram Sunder died on the spot after about half an hour.
(3.) THE F.I.R. of this case was scribed by Shiv Nath at the dictation of Smt. Shakuni, the informant. The informant went to the police station Utraon which is at a distance of about 5 Km. away from the place of occurrence and lodged the written F.I.R. thereat5.30p.m.on27-9-1987.Onthe basis of the said-F.I.R., a case under Section 304, I.P.C. was registered against accused-appellant NankuflT/osJagatBahadur.;