The incident happened at 8.00 p.m. on 07.05.1978 and the FIR was lodged on 08.05.1978 at 6.30 a.m. The investigating officer who is the Sub Inspector of the Police Station went to the village at 7.15 p.m. for investigation.
The aforesaid Sessions Trial case was registered for an offence punishable under Section 302 IPC for allegedly companymitting murder by the present appellant Chunni Lal of his uncle Heera Lal at about 8.00 p.m. on 07.05.1978 in village Baramafi, Police Station Pahari, District Banda.
During the companyrse of investigation he took a DBBL gun and other material exhibits into his custody and recorded the statements of the witnesses and thereafter submitted a chargesheet against the appellant herein.
Heera Lal was unmarried but was keeping one Kainya alias Chandrakaliya as his mistress or companycubine for the last about 25 26 years preceding the incident.
Being aggrieved by the said judgment and order the appellant filed an appeal before the Allahabad High Court which was heard by a Division Bench of the High Court.
It is alleged that after going there the accused fired two rounds of bullets from the DBBL gun of the deceased in the presence of Juggi Lal PW 1 and Ram Sakh PW 2.
In view of the aforesaid position the appellant Chunni Lal who was hoping to succeed to the estate of the deceased Heera Lal thought that his hopes of succeeding to this estate would be lost and, therefore, it is alleged that the accused had companymitted the aforesaid offence by going to the agricultural field of deceased Heera Lal when deceased was processing the harvest of mustard crop in his field.
She was earlier married to one Jagannath Kalar but sometime prior to the incident Heera Lal performed marriage with her and a document in that regard was executed on 15.02.1978 before the Marriage Officer.
During the trial seven witnesses were examined on behalf of the prosecution whereas numbere was examined on behalf of the defence.
The appellant was also examined under Section 313 of the Code of Criminal Procedure and thereafter the Second Additional Sessions Judge, Banda, who was the trial Judge, passed a judgment and order of companyviction against the appellant finding him guilty of companymitting an offence under Section 302 IPC.
The First Information Report for short FIR was lodged by Juggi Lal PW 1 who is allegedly an eyewitness to the occurrence and the same was lodged at 08.05.1978 at 6.30 a.m. The deceased Heera Lal was the uncle of the accused Chunni Lal inasmuch as both Ramdeo and Heera Lal were sons of Ram Ratan.
Appellant therefore filed the present appeal on which we have heard the learned companynsel appearing for the parties.
