SHYAMA AND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant named above have been convicted and sentenced to undergo life imprisonment under S. 302/34 I.P.C., for three years R.I. and a fine of Rs. 500/- each under S. 325/34 I.P.C. and to six months R.I. with fine of Rs. 100.00 each under S. 323/34 I.P.C. In default of payment of fine sentences were also imposed. The sentences are ordered to run concurrently. Smt. Kaushalya who was also tried along with the appellants has however been acquitted by the learned Sessions Judge by the same order dated 3-9-1981.

(2.) The prosecution story as revealed in the First Information Report and evidence on record, in short, is that of these appellants. Shyama and Kaloo are sons of appellant Sardari Lal. They are resident of village Matkhera, P. S. Bilaspur, district Rampur. In the same village resided Mahendra Pratap who died about 17-18 years ago leaving behind his wife Smt. Nand Rani P.W. 7, his daughter Aruna Kumari P. W. 2 and younger brother Girish Prasad, the deceased of this case. Wife of Girish Prasad had predeceased him and he had no issue. He thus started living with Smt. Nand Rani and her daughter Kumari Aruna.

(3.) Nand Rani had a piece of land in village Matkhera which accused Sardari Lal had taken in unlawful possession. She filed suit for eviction against him, which was decreed in her favour about 6-7 years ago. She succeeded in obtaining possession of the said land on the basis of the civil Court decree. The said piece of land was thereafter sold by her to one Sardar Gyan Singh. Accused Sardari Lal and his family members were thus nursing a grudge against Nand Rani, her daughter and Girish Prasad.