BABU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are two connected appeals arising out of the judgment and order dated 23-9-1980 passed by Sri M.P.S. Tomar, the then II Additional Sessions Judge, Mathura in Sessions Trial No. 18 of 1980. They are being decided by this common judgment treating Criminal Appeal No. 2179 of 1980 as the leading appeal. Six persons were tried before the trial Court they were 1. Deep Chand, 2. Kalua alias Kali Charan, 3. Raman, 4. Bihari, 5. Bishambhar and 6. Babu. Kalua alias Kali Charan, Raman, Bihari and Bishambhar are the sons of Deep Chand whereas Babu is the son of maternal uncle of Deep Chand. Out of them, Deep Chand was acquitted, having been afforded the benefit of doubt. All the rest were convicted under Sections 147 and 302 I.P.C. read with Section 149 I.P.C. Each of them was sentenced to nine months' rigorous imprisonment under Section 147 IPC and life imprisonment under Section 302 I.P.C. read with Section 149 I.P.C. Criminal Appeal No. 2179 of 1980 has been preferred by Babu whereas the remaining convicted accused have preferred Criminal Appeal No. 2187 of 1980.

(2.) Broad spectrum of the prosecution case as emerging from the first information report and the evidence adduced in the Court may be set forth. The incident took place on 28-11-1979 at about 6 p.m. in Mohalla Rotigodam, Police Station Sadar Bazar, District Mathura. The victim and deceased of the incident was Charan Das. The first information report was lodged on 28-11-1979 at 6.45 p.m. at the concerned Police Station which was at a distance of 2.5 furlongs from the place of occurrence. The informant was Omwati PW 2, wife of the deceased. The victim was alive when the first information report was lodged and as such the case was initially registered under Sections 147, 148, 307, 149 I.P.C. However, the victim died the same day at 9.15 p.m. in the hospital and the case was converted, inter alia, under Section 302 I.P.C.

(3.) Charan Das deceased and accused Deep Chand were real brothers, latter being the elder. Deep Chand had five sons, namely, Kalua alias Kali Charan, Raman, Bihari, Bishambhar and Bhagwan Das. Out of them, Bhagwan Das was aged about 7 or 8 years only. The remaining four are the accused-appellants. Deep Chand and Charan Das were living in a house. Half eastern portion of the house was in occupation of Deep Chand whereas the other half of the western side was in occupation of Charan Das. The house originally belonged to Kundan-father of Deep Chand and Charan Das. After the death of Kundan a dispute started between the families of two brothers, Deep Chand and Charan Das over the said house. Kundan had allegedly executed a registered will in respect of the house in favour of five sons of Deep Chand, not giving any share to Charan Das. As stated by Omwati PW 2, the said will had been got executed from Kundan by Deep Chand in a dubious way. Sons of Deep Chand had filed a civil suit which was pending for the last about 2 or 21/2 years before the incident. A Marpit had also taken place about 11/2 years before the present incident and on two other occasions. A case in that connection was pending before the trial Court and another before this Court. The two families were at logger-heads and the relations were strained owing to the background narrated above.