Zaki Ullah Khan: -

The instant appeal has been preferred against the judgment and order dated 6.7.1987 passed by I-Additional Sessions Judge, Sultanpur, convicting appellant to undergo life imprisonment for causing murder of Ram Pati Pandey.

2. P.W.1 Ramesh Pandey son of the deceased submitted written report, which is Ext.Ka.2 before the Station Officer of Police Station Gosaiganj, Sultanpur alleging that at about 7.00 a.m., one Udai Raj Yadav, a ploughman of the appellant arrived at Khalihan with oxen of the appellant-Ram Murti Pandey for thrashing the barley crop. The informant and his deceased father Ram Pati Pandey, were present in the Khalihan. The deceased prevented Udai Raj from thrashing. The ploughman thereupon returned and narrated the incident to the appellant and his father. Enraged by the act for refusal to allow ploughman to thrash, the duo, appellant and his father, reached at the spot to settle the score. The appellant was armed with a D.B.B.L. Gun while his father Ram Yagya was having a Pharsa in his hand. The duo challenged the informant and his father. The appellant's father exhorted the appellant to kill both informant and his father so as to close the cha