GOVIND LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal. by special leave is directed against the judgment of the High Court of Allahabad confirming the judgment of the Sessions Judge, Lucknow, convicting the appellant of an offence under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) The prosecution case was as follows Lala Brij Behari Lal married Smt Tribeni Devi after the death of his first wife. He had no issues by her. He had two sons by his first wife. Naunit Lal (PW-16) and Govind Lal (appellant) and a daughter by name Kamini Devil. Brij Behari Lal suffered from acute kidney trouble. He left for England for treatment on March 30, 1962, in the company of Tribeni Devi and one Dr. Ved Prakash. The treatment was not effective and he died in England on May 16, 1962. Tribeni Devi returned in the company of Dr. Ved Prakash and began to live with her two step-sons in the residential house, a three storeyed building situate in mohalla Subhash Marg in the city of Lucknow, owned by Brij Behari Lal. Brij Behari Lal owned another house in the city of Lucknow, a house plot in Mohalla Bagh Sher Jang and half share in the Kerana firm of M/s Babu Lal Damodar Das. He was also having extensive money-lending business. In November, 1961, he had divided his properties into four shares, each valued at Rs. 96,384/and gave one share to each of his sons, one to Smt. Tribeni Devi and retained one for himself. Tribeni Devi got the residential house at Subhash Marg of the value of Rs. 30,000/- and the interest in his insurance policies to the tune of Rs. 47,097/-. In order to make up the deficiency in her share, Naunit Lal was to pay her Rs. 7,858/- and Govind Lal Rs. 11,429/-. Tribeni Devi was not given any share in the Kerana firm which was divided between the two sons and the father. The other house which was valued at Rs. 30,000/was given to the two brothers in equal shares while the house plot valued at Rupees 18,000/- was kept by the father himself. Inspite of this division of properties, the two step-sons continued to live with their step-mother at the residential house at Subhash Marg. While Brij Behari Lal was alive, Naunit Lal had filed a Civil Suit (No. 17/62) against his father, brother and step-mother for a declaration that he was the exclusive owner in possession of his share. In the plaint the residential house was described as the property of the plaintiff and Govind Lal and the other house as the property of the step-mother. A compromise giving a correct division of the property was filed by the parties on March 27, 1962 but the suit was dismissed on 4-4-1962. Lala Brij Bihari Lal, before he left for England, had executed a will on March 29, 1962. By the will, he bequeathed his share in the Kerana firm to his sons. It would appear that after the death of Brij Behari Lal, Tribeni Devi claimed a share in the house plot and money lending business while the two sons wanted her to give up all claims to the properties and be content with a maintenance allowance only. The two sons filed Civil Suit No. 42 of 1962 in the Court of the Civil Judge against their sister Kamini Devi and Tribeni Devi for a declaration that they were solely entitled to the house plot and to their father's share in the Kerana business.

(3.) On September 5, 1962, Tribeni Devi was arranging her ornaments in her room at about 5 P.M. The appellant came into the room, whereupon she showed some anxiety to hide them. The appellant asked Tribeni Devi to make the desired statement at the next hearing of the suit as otherwise it would not be good for her and that her death was near. Tribeni Devi said that she would do whatever she thought proper and would give her share in the property to anyone she liked.