UDHO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 20-9-1980 passed by 5th Additional Sessions Judge, Hamirpur in Sessions Trial No. 259 of 1979 convicting the appellants Udho and his son Mathura under Section 302 read with Section 34, I.P.C. and sentencing them to undergo imprisonment for life.

(2.) The prosecution case, briefly narrated, was that appellant Udho was real brother of Govind, father of Babulal (PW 1) and Ballu, father of Nathu Ram (PW 2). Smt. Genda Rani (25) deceased was the wife of Nathu Ram (PW 2). Mathura appellant is the son of Udho appellant. There was some dispute regarding agricultural land in between the appellants and Nathu Ram (PW 2), Udho appellant wanted to grab the land of Nathu Ram (PW 2) and he had also taken possession over the entire land of Nathu Ram and Govind, father of Babu Lal (PW 1). When Nathu Ram demanded his land from Udho appellant he used to threat to kill him. Quarrel often took place between the deceased and wife of Udho appellant. Prior to three days of occurrence again a quarrel had taken place between Genda Rani deceased , the wife of Udho appellant and the latter had told that the deceased would get everything settled within three days.

(3.) In the afternoon of 11-10-1979 Nathu Ram (PW 2) and his wife Genda Rani deceased had gone to Kachhar near the Bhairo Nala of village Parehha Kachhar, P.S. Jaria, District Hamirpur to collect grass. At about 5.00 p.m. they were scrapping grass on the mend of their Juar field. Babu Lal (PW 1) was also scrapping grass near them. In the mean time appellant Udho, armed with a Kulhari and appellant Mathura armed with pharsa, came there. Observing them Nathu Ram (PW 2) and Genda Rani deceased started running. Udho appellant asked Mathura to catch them hold. While Smt. Genda Rani deceased was inside the Nala Udho and, Mathura appellants started inflicting injuries on her with pharsa and Kulhari. Nathu Ram (PW 2) and Babu Lal (PW 1) raised alarm but the appellants after killing Genda Rani ran away towards village. Nathu Ram (PW 2) and Babu Lal (PW 1) came near the deceased and found her dead. Thereafter, they came to their house, arranged bullock cart and went to P.S. Jaria where Nathu Ram (PW 2) lodged an oral report (Ext. Ka 9) at 00.30 hrs. Chik report (Ext. Ka 9) was prepared by Head Moharir Lala Ram who made an endorsement of the same at G.D. report (Ext. Ka 10) and registered a case against the appellants under Section 302, IPC.