JUDGMENT :

1. By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 31.10.1984 passed by IV Additional Sessions Judge, Ghazipur, in Session Trial No.37 of 1984, State Vs. Girish Singh, arising out of Case Crime No.76 of 1983, under Section 302 I.P.C., Police Station-Khanpur, District-Ghazipur whereby the appellant Girish Singh has been sentenced to life imprisonment.

2. Heard Mr. Rajrshi Gupta, Mr. Rahul Yadav and Jai Prakash Singh, learned counsel for the appellant, Mr. Om Prakash, Mr. Alok Kumar Tripathi, Mr. Sunil Kumar Tripathi and Mr. M.P. Singh Gaur, A.G.As. for the State and perused the record.

3. The prosecution story as unfolded through the record reflects that one Rani Devi wife of late Jainath Singh, resident of Village Nayakdih, Police Station Khanpur, District Ghazipur, lodged the written report at Police Station Khanpur on 19.06.1983 at 7:45 a.m. regarding some incident that took place yesterday night at 11:45 p.m. in village Nayakdih which was 9 kms. away from the police station Khanpur, with the description that the informant is the resident of within Police Station Khanpur. Her nephew Ramagya Singh son of Dashrath Singh was not having any issue and had given his landed property to the son of his uncle, Ujagir Singh, Shriraj Singh, Giriraj Singh by way of the Will. It so happened that for the last one year, there was some dispute with Shriraj Singh, therefore, the deceased Ramagya Singh began to reside with the son of his uncle, Jairaj Singh. Some property was sold out by the deceased and the sale consideration was given to Jairaj Singh due to which the accused were inimical with the deceased.

4. It so happened that on 18.06.1983 in the night, the deceased Ramagya Singh was sleeping on the cot in front of the door of Bhagwati. It was around 11:30 p.m. when Girish Singh came to the house of the informant and asked whereabouts of Jairaj Singh whereupon she told that Jairaj singh has gone to attend marriage ceremony. Upon this, the accused said that he will kill Ramagya Singh today and he will see as to how he sold out his land. He went away from there. As soon as Girish Singh left her home, she raised alarm whereupon Rama Shanker Singh from her neighbourhood got up and intercepted the accused by saying that have you become mad, whereupon Girish Singh went away from the scene and saying that he proceeded on to take tobacco (Surti) and proceeded towards tubewell where the informant along with Rama Shanker Singh arrived. Thereafter, they rested in front of their houses.

5. It was around 11:45 p.m., the appellant possessing lance (Ballam) proceeded towards Rama Shanker Singh where he was sleeping and threatened him that in case he got up, he will be killed. Thereafter, the appellant proceeded towards house of Ramagya whereupon Rama Shanker Singh raised alarm then Kripa Shanker Singh and others rushed to the spot lightening torches in their hands. At that point of time, the appellant assaulted Ramagya Singh on his stomach with lance (Ballam). Ramagya Singh shouted that he will be killed. Thereafter, Kripa Shanker Singh, Rama Shanker Singh and the informant reached near Ramagya Singh. They saw lance (Ballam) being extracted by the appellant Girish Singh from the stomach (of deceased) in the torch light. Upon seeing the informant and others, the appellant fled away from the scene. Thereafter, lance (Ballam) was taken out of stomach of Ramagya Singh. No one chased the appellant out of fear. The informant could not come to lodge the first information report in the night. The report was scribed / written in the following morning and the matter was reported as such. The written report is Ext. Ka 1.

6. Contents of the aforesaid information were taken down in the Check FIR on 19.06.1983 at 7:45 a.m. at aforesaid police station at Case Crime No.76 of 1983 under Section 302 I.P.C. Check FIR is Ext. Ka-6. On the basis of entries so made in the